Hunton Employment & Labor Perspectives

Please join Hunton & Williams LLP for a complimentary webinar on Thursday, March 12, 2015
2:00 pm ET – 3:30 pm ET

Program will cover the following:

• NLRB’s “Quickie Election” rules that will go into effect in April 2015
• The controversial “micro” bargaining unit rules that make it easier for a union to get its foot in the door
• Practical things you can do NOW to foster a union free environment
• Important steps to best posture your organization in the event of a union campaign

Hunton & Williams LLP will seek CLE credit for this program in CA, FL, GA, NC, NY, TX and VA. Credit hours are not ...

The U.S. Supreme Court is considering a case that could have important implications to disparate impact analysis, including on criminal background checks.  The case also foreshadows further challenges from the Texas Attorney General to aggressive positions taken by federal enforcement agencies in regard to disparate impact.  The case is Texas Department of Housing & Community Affairs, et al., v. The Inclusive Communities Project, Inc., Case No. 13-1371, and is being argued by the Texas Attorney General.

“Ban the Box” Laws

At least thirteen states, the District of Columbia, and almost 100 cities and counties have passed so-called “ban the box” laws, which restrict the scope of permissible investigations into job applicants’ criminal history, and, in some cases, the timing of such inquiries.

The San Francisco Board of Supervisors recently enacted two ordinances – which are being called the “Retail Workers Bill of Rights” – that provide extensive new protections to employees of “formula retail establishments” in San Francisco.  The new ordinances regulate how covered employers manage their workers’ schedules and impose additional financial and administrative burdens on those employers.

In December 2014, the government issued new proposed rules regarding the requirements for providing a summary of benefits and coverage (SBC). Simultaneous with the proposed rules, the government also published an updated SBC template and uniform glossary.

Twenty-three states and the District of Columbia have enacted laws which decriminalize the use of marijuana for medical purposes.  Under those statutory schemes, individuals with qualified medical conditions may become registered cardholders and obtain cannabis for medical purposes, often from state-regulated dispensaries.  These developments present an array of new challenges for employers to navigate.

On December 22, 2014, the U.S. District Court for the District of Columbia vacated a new U.S. Department of Labor (DOL) regulation, scheduled to take effect on January 1, 2015, which eliminated an exemption from the Fair Labor Standards Act (FLSA) for employees who provide home companionship and live-in domestic services. Home Care Ass'n of Am. v. Weil, No. 14-cv-967 (D.D.C. Dec. 22, 2014). The DOL's new regulation was controversial not only because it reversed years of precedent under the FLSA, but because many questioned whether the DOL had exceeded its authority in promulgating this regulation.

On January 4, 2015, Illinois Governor Pat Quinn signed into law the Illinois Secure Choice Savings Program Act, which will require private sector employers to make automatic payroll deductions, and place the deductions into a state-run savings plan for the benefit of employees.

The Florida Department of Economic Opportunity (“DEO”) announced that the state’s minimum wage of $7.93/hour will be increased to $8.05/hour beginning January 1, 2015.  The minimum wage for tipped employees will correspondingly increase from $4.91/hour to $5.03/hour, with the employer’s maximum tip credit remaining at $3.02/hour.  The DEO has also issued an updated “Notice to Employees” poster which Florida employers are required to post in addition to the federal minimum wage poster as of January 1, 2015.

Minimum wage increases have experienced much activity in ...

As is often the case, the coming new year brings a slate of new requirements for California employers to grapple with. Employers should have these developments on their radar to ensure compliance in 2015 and beyond.