9 For his part, Chief Justice Roberts opined that the “the distance between the majority and Justice Gorsuch is not as great as it may initially appear.” Touching on another deference doctrine, Justice Roberts added: Issues surrounding judicial deference to agency interpretations of their own regulations are distinct from those raised in connection with judicial deference to agency interpretations of statutes enacted by Congress. Contact Us … Acadia University v Acadia University Faculty Association, 2019 CanLII 47957. Effective August 12, 2019: The Human Rights Law is to be liberally construed, under New York State law, without reference to any federal law that may lead to a more restrictive result. Employer does not … v. Nierotko, 327 U. S. 358 (1946) and United States v. Quality Stores, Inc., 572 U. S. 141 (2014), respectively. Effective October 11, 2019: The Human Rights Law now explicitly includes protection in employment from harassment based on any protected class. This is a special online-only supplement to the October 2019 Chief’s Counsel: “ U.S. Supreme Court Sneak Peak.”This provides for a look back at 15 U.S. Supreme Court Cases decided during the 2018–2019 term that hold relevance for law enforcement leaders and officers. September 30 Is Your Pay Data Reporting Due Date – A federal court announced on April 25 that … As we learn more about Justice Kavanaugh as a member of the Court and the opinions he writes in relation to more senior Justices, the Court’s compass will become clearer. The Ninth Circuit ruled that California law applied rather than federal law, which would have increased the pay due to workers. Ms C Morris v The Endeavour Learning Trust: 2404656/2019. In another unanimous decision authored by Justice Ginsberg, the Supreme Court held that failing to file a charge of discrimination with the EEOC or equivalent state or local administrative agency is not a jurisdictional bar to a Title VII lawsuit. The case involved 5,000 employees who worked at Walmart’s fulfillment center in Chino, California. At issue in BNSF Railway Co. v. Loos was whether a railway employer’s payments for an employee’s lost wages after an on-the-job injury should be taxable compensation under the Railway Retirement Tax Act. Welcome to the Fisher Phillips website. Welcome to the Fisher Phillips Careers section of our Website. Only the Ninth Circuit had held that small local government offices were bound by the ADEA, whereas the Sixth, Seventh, Eighth, and Tenth Circuits had all held that state government offices of less than 20 employees did not qualify as employers for purposes of ADEA coverage. Build a Morning News Brief: Easy, No Clutter, Free! The Supreme Court disagreed in a unanimous opinion, holding that the OCS is a federal enclave and so federal law applies. See Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc., 467 U. S. 837 (1984). Henry Schein Inc v Archer and White Sales Inc, Parker Drilling Management Services Ltd v Newton, Chevron U.S.A. v. Natural Res. The respondent in this case worked 14-day/12-hour shifts on a drilling platform on the OCS off the California coast. Three cases—Altitude Express, Inc. v. Zarda, Bostock v. Clayton County, Georgia, and R.G. ... Employment New Zealand. The question presented in Mount Lemmon Fire District v. Guido was whether local government or agency bodies employing fewer than 20 workers could be considered “employers” under the ADEA. The Court compared the lost wages payment to payouts under the Federal Insurance Claims Administration and determinations by the Internal Revenue Service that wages do not necessarily need to be paid for active services, as previous cases had held both severance pay and back pay to be taxable wages.6 The Court qualified this finding only with the comment that payments for active service or for periods of absence from service may be considered taxable compensation under the RRTA, as long as they stem from the employer-employee relationship.7, In Kisor v. Wilkie, the Court considered whether and when courts should grant a federal agency deference to interpret its own ambiguous rules and regulations. Employment law is ever-evolving, and 2019 is shaping up to usher in its fair share of changes. In this 5-4 decision, the Court held that if an arbitration agreement governed by the FAA is not clear as to the parties’ intent to submit to class arbitration, class arbitration is not permitted. The U.S. Court of Appeals for the Federal Circuit also affirmed, relying on the deference afforded to the agency’s right to interpret its own regulations, known as Auer deference.8. Below you'll find our regular round-up of legislation, case updates and helpful guides. In the 8-0 opinion written by Justice Ginsberg (Justice Kavanaugh did not take part in the decision), the Supreme Court held that the phrasing of § 630(b) illustrated Congress’ intent to include all state offices as employers, regardless of the number of employees. In this case, an employee adversely impacted by a data breach at his company sued on behalf of himself and a putative class. Seen any more interesting cases? The drilling company complied with federal laws on standby time, but allegedly did not comply with California’s minimum wage and standby laws. To embed, copy and paste the code into your website or blog: Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: [HOT] Read Latest COVID-19 Guidance, All Aspects... [SCHEDULE] Upcoming COVID-19 Webinars & Online Programs, [GUIDANCE] COVID-19 and Force Majeure Considerations, [GUIDANCE] COVID-19 and Employer Liability Issues. [2020] NZEmpC 228 Ashby v NIWA Vessel Management Ltd [PDF, 173 KB][2020] NZEmpC 228 Ashby v NIWA Vessel Management Ltd (Interlocutory Judgment of Judge J C Holden, 15 December 2020) APPLICATION FOR SECURITY FOR COSTS – APPLICATION FOR STAY – no evidence that employee will be unable to pay costs if challenge does … Firm represented a female staff member against her former employer for gender discrimination in the form of egregious sexual harassment in violations of the New York State Human Rights Law (“NYSHRL”) and the New York City Human Rights Law (“NYCHRL”) with additional claims of failure to properly accommodate her disability in contravention with the Americans with Disabilities Act (“ADA”), the NYSHRL and the NYCHRL. In order to make sure that you stay on top of the latest changes, here is a quick review of the Top 16 stories from last month that all employers need to know about: If this rule is adopted, it would almost certainly mean that fewer businesses would be found to be a joint employer by a court or agency when it comes to minimum wage, overtime, and other similar liability under the Fair Labor Standards Act (FLSA). Published by Brett Holubeck on August 5, 2020. This is one of the most impactful years that the Supreme Court has had on labor and employment law. In a 7-2 opinion, the Supreme Court agreed with the employer’s argument and found that lost wages should be considered “active services” under the RRTA and that the employer should withhold taxes from lost wages earnings. In addition, the Court determined what is considered taxable compensation under the Railway Retirement Tax Act (RRTA), when federal law controls on off-shore drilling rigs, and when agencies can interpret their own ambiguous rules and regulations. National Labor Relations Board in September, Affirmative Action and Federal Contract Compliance, Workplace Safety and Catastrophe Management, Expected OSHA Changes Under The Biden Administration, MSHA Outlook Roundtable: Four Year Forecast, fpVirtual Monthly Webinar Wednesdays With our Louisville Office - Employment Law Changes to Expect From the Biden Administration, Women's Initiative and Leadership Council, California Financial Advisors Lacking Fixed And Predetermined Salary Not Subject To Administrative Salaried Exemption, NLRB Issues Two More COVID-19 Advice Memos On Remote Bargaining And Hazard Pay, Federal Appeals Court Solidifies Straightforward View Of H-1B Specialty Occupation Definition. The Ninth Circuit found that the fire station was a “State agent or political subdivision of a State” under 29 U. S. C. § 630(b)(2) (the ADEA) and was liable for an age discrimination claim under the ADEA. The Supreme Court’s October 2018-2019 term began with the highly politicized confirmation of Justice Brett Kavanaugh. march 19, 2019: no. 2 To understand more background of the “wholly groundless” exception for threshold questions of arbitrability, see Adrienne Scheffey and Robert Friedman, Supreme Court Eliminates the "Wholly Groundless" Exception to Arbitration Agreements, Reinforcing the Force of Delegation Provisions, Littler ASAP (Jan. 14, 2019). The circuits are split on the issue. The Supreme Court decided three employment arbitration-related cases, addressed whether small local government offices fall under the Age Discrimination in Employment Act (ADEA) and determined whether the filing of an administrative charge with the Equal Employment Opportunity Commission (EEOC) is a jurisdictional prerequisite to filing suit. The driver had signed an agreement with the company agreeing to resolve all work disputes via arbitration. Ocs is a federal enclave and so federal law on point cases with important employment law timeline an agreement the! Awarded damages based on any protected class s fulfillment center in Chino, California as... Center in Chino, California any questions about the agreement delegated to the Ninth Circuit had an... A list of key dates for 2020, see our employment law tj Simers is an award winning journalist. By way of background, the Ninth Circuit ruled that California law applied rather than law. 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