The world of labor and employment law is always rapidly developing. In order to make sure that you remain on top of the latest advancements, here is a fast review of the 5 greatest stories from last month that all companies need to learn about.
1. Justice Antonin Scalia s death causes company uncertainty
The Feb. 13 death of Supreme Court Justice Antonin Scalia threw employers into a world of uncertainty, and will cause an uncommon amount of turmoil at the Supreme Court for the foreseeable future. The precarious 5-4 advantage that conservative causes taken pleasure in for several 10 years evaporated overnight, which could spell problem for employers. Numerous prominent and significant labor and employment decisions wait for the Court’s determination this term, including the union agency-shop charges case, Friedrichs v. California Teachers Association.
2. Court enables workers to take legal action against company for limiting hours to prevent ACA
In a first-of-its-kind decision, a federal court upheld the right of staff members to sue their employer for apparently cutting worker hours to less than 30 hours per week to avoid offering medical insurance under the Affordable Care Act (ACA). The Feb. 9 choice permitted a group of workers to continue with a claim versus their employer for allegedly right-sizing its workforce for the function of avoiding health care costs in offense of ERISA. The lawsuits are still in the extremely early stages, but this might be a substantial primary step that stimulates a new wave of class action litigation versus employers.
3. Zika virus spreads into the United States, triggering employer concern
On Feb. 1, the World Health Organization proclaimed Zika a global public health emergency. This is only the fourth time that the agency has actually stated the spread of a disease to be a public health emergency of worldwide concern, following the H1N1 pandemic (2009), the spread of Polio (2014), and the Ebola break out (2014). February likewise saw the spread of the virus in several U.S. areas, leading to a number of concerns from companies about their rights and responsibilities with regard to employees who may be exposed to the virus.
4. Tip-pooling strategies dealt a problem by federal appeals court
The 9th Circuit Court of Appeals surprised many by seemingly changing its mind and issuing a ruling that would efficiently restrict employers from running tip-pooling programs at their companies. The Feb. 23 choice supports a controversial brand-new policy promoted by the U.S. About employment law you can find out more here. Department of Labor which holds that workers who are entitled to keep all their suggestions even if they are currently being paid a minimum wage income by their company. This decision was especially startling in that many employers think it runs counter to another 9th Circuit ruling on a similar matter by far in 2010. The judgment is on ice for the time being while another appellate evaluation is requested; however hospitality companies in the 9th Circuit and in other places should be prepared to ditch tip-pooling plans if the decision falls versus them.
5. Fisher & Phillips provides talk about EEOC s proposed retaliation guidance
On Feb. 24, Fisher & Phillips submitted remarks to the Equal Employment Opportunity Commission relating to the agent s recommended Enforcement Guidance on Retaliation. The comments show an effort by the firm to ensure that a well-balanced method to retaliation claims be taken by the firm and any courts that opt to follow its instructions, emphasizing the rights of employers simply as much as their responsibilities under the law. Retaliation claims are the most often alleged type of offense raised with the EEOC, with a 119 % boost over the past 18 years, and the firm thinks the recommended EEOC Guidance might aid in decreasing the number of frivolous claims submitted if it plainly articulates the proper legal standards (read more here).