On May 22, 2019, Colorado passed a new pay equity law which brings the state to the cutting edge of regulation in this area.
The Act, which will take effect on January 1, 2021, prohibits discrimination because of sex (including gender identity) and provides that employers may not pay an employee of one sex less than an employee of another sex for substantially similar work (measured as a composite of skill, effort, and responsibility). The Act allows employers to avoid liability for pay disparities if they can show that the disparity results from: Read more ›
The Texas legislative session has come to a close, and the much expected law banning cities from implementing sick leave ordinances and similar employment laws failed to make it to the Governor’s desk. The reason for the collapse of the proposed bill (which had broad support from Governor Greg Abbott and business groups) was perceived over-reaching in language that would have not only outlawed cities from passing sick leave laws, but any employment laws — including prohibitions on sexual orientation and trans-gender discrimination. Since Texas has no such protections in its state anti-discrimination law, the only protections on the books are local ordinances; and lobbying groups came out in force to protect these ordinances. This controversy sank the chances of the bill passing; and since the legislature meets only every two years, this issue is likely going to be left to the state courts to decide.
As it currently stands, the Austin sick pay ordinance has been enjoined by a state appellate court from taking effect. That case appears to be headed to the Texas Supreme Court, which will decide whether the law is constitutional. San Antonio has also passed a sick pay ordinance, scheduled to take effect August 1, 2019 for businesses with more than 15 employees. The San Antonio City Council is currently considering whether to postpone the effective date of its law to allow the Austin ordinance to be reviewed by the Supreme Court. Not to be outdone, Dallas passed its own sick pay ordinance in April 2019 to take effect August 1, 2019 for employers with more than five (5) employees. Notably, the law restricts the city from issuing penalties until April 2020, and there is a strong likelihood a lawsuit will be filed challenging its implementation, just like the one filed in Austin.
In sum, the Texas Legislature failed to bring some much needed clarity to this emerging trend of cities in Texas passing employment laws. The issue will be left for the courts to decide, and it is uncertain how long that will take or where the cases will ultimately end up for Texas employers.
The proposed Chicago Fair Workweek Ordinance, introduced in the City Council on May 29, 2019, would require certain Chicago employers to publish employees’ schedules two weeks in advance and limit their ability to change employees’ schedules or impose mandatory overtime and impose new record-keeping requirements. If enacted in its current form, the ordinance would take effect on April 1, 2020. Read more ›
What questions are considered illegal to ask during the interview process? Bethany Salvatore and Bryant Andrews discuss interview do’s and don’ts as well as best practices.
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At the beginning of the Texas Legislature session this year, it seemed like a slam dunk that conservative lawmakers would stop Austin and other cities in their tracks in their efforts to pass employment laws like mandatory sick pay. Senate Bill 15 (text here) passed through the Texas Senate Committee on State Affairs on February 28. It would both nullify and prevent city efforts to regulate private employer benefits like sick leave. The bill, however, is broadly worded to prohibit regulation of not only paid sick leave, but other employee benefits, scheduling practices, and background checks.
Although the bill has passed through committee, there is rising opposition to the bill because the version that passed the committee did not include an earlier exemption for existing city ordinances prohibiting discrimination based on sexual orientation or gender identity. Texas has no such protections under its state discrimination statute, so many cities have established such protections, and if they are voided under this new bill, it would leave no legal protection in place.
The bottom line is that what appeared to be an easy path for the law overturning Austin’s sick pay ordinance is now looking to be a tougher road, with newfound political opposition. Currently, the State Legislature is scheduled to complete its regular session in late May, so we should have an answer in the next few months on the future of city ordinances regulating employment benefits in Texas.
For the past several years, the issue of joint employer status has been in a constant state of flux, creating uncertainty for employers. In an effort to clarify this issue, the Department of Labor (“DOL”) issued a proposed rule on April 1, setting forth a four-factor balancing test to determine whether a joint employment relationship exists. These factors include whether the putative joint employer: Read more ›
On Tuesday, the Department of Labor (DOL) announced a new pilot program for discretionary suspension and debarments to “ensure accountability and protect the federal government” from companies that have engaged in inappropriate or illegal conduct. The pilot program will be in effect from April 2019 to April 2020. Read more ›
What are the four primary steps that employers must take in the Fair Credit Reporting Act (FCRA) process for onboarding an applicant? Bethany Salvatore and Bryant Andrews discuss FCRA requirements and how employers can protect themselves from liability.
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Tagged with: FCRA
Posted in Labor & Employment
One of the least appreciated federal workplace laws is Section 7 of the National Labor Relations Act, the 1935 law which gives most private sector employees in the U.S. the right to form and join unions. Section 7 of the Act, which applies with equal force in non-unionized and unionized workplaces, says that employees have “the right to self-organization, to form, join or assist labor organizations … and to engage in other concerted activities for the purposes of collective bargaining or other mutual aid or protection.” Read more ›