On April 10, the EEOC released its charge filing statistics for Fiscal Year 2018, which ran from October 1, 2017 to September 30, 2018. These annually disclosed statistics reveal continued trends in the employment litigation space and provide an opportunity for employers to ensure their policies and practices address issues arising in the ever-changing modern workplace.
Continue Reading EEOC FY 2018 Enforcement & Litigation Data Reveal Trends In Employment Litigation
From Here (But Not) To Eternity – Supreme Court Vacates Ninth Circuit Equal Pay Decision Issued By Deceased Judge
Until death do you rule, and not a single day after.
In Rizo v. Yovino, the U.S. Supreme Court vacated a ruling interpreting the Equal Pay Act by the U.S. Ninth Circuit Court of Appeals because the Ninth Circuit improperly counted the vote of Judge Stephen Reinhardt, who died 11 days before the ruling was announced.Continue Reading From Here (But Not) To Eternity – Supreme Court Vacates Ninth Circuit Equal Pay Decision Issued By Deceased Judge
Quick Guide To Harassment Prevention Training Requirements Across The US
In the wake of the #MeToo movement, a number of states (and New York City) now mandate workplace sexual harassment prevention training.
The chart below is intended to help multi-state employers keep track of their obligations across the country.Continue Reading Quick Guide To Harassment Prevention Training Requirements Across The US
New Year, New Minimum Wage Rates Across The US
To help multi-state employers determine the minimum amount they must pay non-exempt employees, our chart below summarizes state and local increases this year. (Unless otherwise indicated, the following increases are effective January 1, 2019.)
This chart is intended to discuss rate changes that affect employers generally, and may not necessarily cover all industry-specific rate changes.Continue Reading New Year, New Minimum Wage Rates Across The US
You Had Me At “Class Action Waiver”
As we previously discussed here, the United States Supreme Court’s May 2018 decision in Epic Systems v. Lewis was a clear win for employers that seek to avoid the expense and disruption of class litigation by resolving disputes individually through binding arbitration. As explained by the Supreme Court in AT&T Mobility LLC v. Concepcion, “[i]n bilateral arbitration, parties forego the procedural rigor and appellate review of the courts in order to realize the benefits of private dispute resolution: lower costs, greater efficiency and speed, and the ability to choose expert adjudicators to resolve specialized disputes.”
For employers looking to take advantage of the benefits of individual arbitration, there are several drafting nuances to consider before rolling out or updating existing arbitration agreements.Continue Reading You Had Me At “Class Action Waiver”
California Supreme Court Pro-Employee Ruling Affirms Employer Duty To Comply With Overlapping Background Check Laws
Last month the California Supreme Court ruled in favor of a class of 1,400 student bus drivers who sued their employer for failing to comply with state background check laws. The Court’s decision is notable because it is part of a broader trend of states and cities making it more difficult for employers to use background checks. Under Connor v. First Student, Inc., employers in California must comply with overlapping statutes regulating investigative consumer reporting agencies.Continue Reading California Supreme Court Pro-Employee Ruling Affirms Employer Duty To Comply With Overlapping Background Check Laws
New Episode: Employment Arbitration Agreements With Class Action Waivers Are Enforceable
In our latest episode, listen to partners Arthur Rooney and Mike Brewer discuss the recent decision from the US Supreme Court regarding class action waivers in arbitration agreements.
Download this episode (and more) on iTunes | Android | Stitcher | TuneIn | Google Play.
US Supreme Court Affirms Employer Use Of Class Action Waivers In Arbitration Agreements
Welcome news for employers: companies can require their workers go through arbitration to pursue any legal claims against their employers, rather than go to court or join together in class lawsuits or grievances, the US Supreme Court held today in a 5-4 vote.
Writing for the majority in three consolidated cases (Epic Systems
EEOC FY 2017 Statistics Recap: Retaliation Claims Charge Ahead
Last week the EEOC released its charge statistics from fiscal year 2017, which ran from Oct 1, 2016 through Sept 30, 2017.
- Retaliation was the most common claim in FY 2017, followed by race discrimination, disability discrimination, sex discrimination (all types, including sexual harassment), age discrimination, national origin discrimination, and religious discrimination.
- Charges were down a bit in all categories, but monetary relief was up in LGBT cases and, in sexual harassment cases, was at the highest level since 2010. BUT — note that the EEOC’s fiscal year ended before the #MeToo movement began so we predict the 2018 statistics will paint a very different picture.
- Further, note that the EEOC’s new online portal, launched in November 2017, which makes it incredibly easy for individuals to sign in and file charges.
Continue Reading EEOC FY 2017 Statistics Recap: Retaliation Claims Charge Ahead