The Lilly Ledbetter Fair Pay Act of 2009 (the “Act”) was signed into law on January 29, 2009. In short, the Act states that the 180-day statute of limitations for filing a lawsuit regarding pay discrimination resets with each new paycheck affected by that discriminatory action. Since the Act’s inception, there have been efforts made to address pay discrimination in the workplace. To that end, employers should be aware of the U.S. Equal Employment Opportunity Commission’s (“EEOC”) recent proposed changes to pay data reporting requirements.
In a first-of-its-kind development, the Oregon legislature passed and the Governor will sign into law a minimum wage hike law that will go into effect July 1, 2016. Under the new law, the rates will steadily increase through 2023, eventually giving Oregon the highest minimum wage rates in the nation.
The anxiety of employers and labor attorneys only worsened this week when the Department of Labor took another step towards finalizing and publishing the much anticipated changes to the so-called “persuader” rule. On Monday, the DOL’s Office of Labor-Management Standards submitted a proposed final rule to the Office of Management and Budget (OMB), the final step before a rule may be published. The DOL has signaled that it intends to publish the final rule by March 2016, but some, based upon the OMB’s typical review timeframe, believe the rule may be published even sooner.
California employers will soon be subject to a new equal pay law that will create a much stricter standard for gender pay equity. Passed by the state legislature with broad bipartisan support and signed into law by Governor Jerry Brown on October 6, 2015, this new law is considered the most aggressive equal pay law in the nation. California employers will want to begin preparing immediately for its impact.
New Jersey’s minimum wage will remain at $8.38 per hour for 2016, the state government recently announced.
Tacoma has now joined Seattle as the third city in Washington State to mandate paid sick leave for employees (certain hospitality and transportation workers employees in SeaTac also receive this benefit). The new law will go into effect February 1, 2016.
With a few key strokes, the NLRB yesterday, in a 3-2 decision down party lines, wiped away years of precedent and re-wrote, or, in its words “refined,” the definition of a joint employer. In a ruling that will, if upheld through inevitable appeals, significantly impact the franchise, outsourcing and many other industries, the NLRB decided a California company, Browning-Ferris Industries, was a joint employer of workers hired by a staffing firm.
The anxiously-awaited proposed changes in regulations defining the FLSA's executive, administrative, professional, outside-sales, and derivative exemptions have been published by the U.S. Labor Department for public consideration and comment.
Recently, bills addressing localities’ ability to enact paid sick leave and minimum wage laws (and possibly any local laws governing private employment) were introduced in each chamber of the New Jersey Legislature. The bills, A.B. 4363 and S.B. 2865, would prohibit cities, counties, and other local entities from increasing the minimum wage or adopting mandatory paid sick leave requirements for private employers.
The legislation, if enacted ...
Currently, harassment, stalking and threatening to use a weapon of mass destruction are all crimes – unless you are a union member engaged in a labor dispute. Yesterday, April 22, 2015, the Pennsylvania House of Representatives passed a bill to end the crimes code carveout allowing parties to a labor dispute to stalk, harass, and make deadly threats.