|Dec. 12, 2018 | www.fisherphillips.com|
If you have not revised your employment applications recently, it may be time for a recall. In recent years, several state and local governments have passed laws restricting the types of questions you can ask applicants before making a conditional job offer.
Following the landmark 2015 Supreme Court decision making same-sex marriage legal across the country, federal courts have grappled with determining which types of claims are actionable under the “sex” provision of Title VII, the primary federal antidiscrimination statute. In the past several months, both the 2nd Circuit Court of Appeals (which has federal jurisdiction over Connecticut, New York, and Vermont) and the 11th Circuit Court of Appeals (Alabama, Florida, and Georgia) have refused to extend Title VII’s protections to claims of discrimination on the basis of sexual orientation.
WEB EXCLUSIVE: California Auto Dealers Beware: Commission-Paid Dealership Employees Entitled To Separate Rest Period Pay
A California appellate court ruled in February that employees paid on a commission basis must be separately compensated for legally required rest periods. Although this decision did not specifically involve automobile dealerships, this decision could impact any dealerships in California compensating individuals completely or partially on a commission basis (e.g., salespersons, finance managers, service advisors). If your dealership is in this category, you should review this decision to determine whether you need to immediately adjust your pay practices.