A recent opinion out of the Texas 14th Court of Appeals has raised the bar for employers trying to enforce arbitration agreements electronically signed by employees. See Houston ANUSA, LLC d/b/a AutoNation USA Houston v. Shattenkirk, No. 14-20-00446-CV, 2023 WL 5437714 (Tex. App.—Houston [14th Dist.] Aug. 24, 2023, no pet. h.).
Continue Reading Employee E-Signatures in Arbitration Agreements Under Scrutiny
On June 14, 2023, Texas Governor Greg Abbott signed HB 2127, the Texas Regulatory Consistency Act (“TRCA”), into law. Once the TRCA goes into effect on September 1, 2023, it will preclude all municipalities and counties in Texas from adopting or enforcing ordinances regulating conduct with respect to certain subject matters, including labor.
Continue Reading Texas Legislation Provides Employers Regulatory Uniformity
California employers: take notice. On July 24, 2023, the Office of Administrative Law approved changes to the Fair Employment and Housing Act (FEHA) regulations governing how California employers can use and consider criminal history in employment decisions. These new changes, modifying Cal. Code Regs. Tit. 2, § 11017.1, go into effect on October 1, 2023.
Continue Reading California Employers: Updated Regulations for Use of Criminal History in Hiring Decisions Go into Effect October 1, 2023
The U.S. Supreme Court’s landmark 2020 decision granting anti-discrimination protections for LGBTQ+ workers left room for future challenges by religious employers.
Continue Reading Fifth Circuit Carves Out Religious Exemption to LGBTQ+ Discrimination Claims
Virginia joined the list of states limiting employers’ ability to include confidentiality and non-disparagement provisions in employment agreements for matters related to sexual harassment. But the law’s scope seems limited, and does not appear to apply to post-employment severance agreements.
Continue Reading Virginia, Too – Increased Restrictions on Employee Confidentiality Provisions Related to Sexual Harassment Claims
Last week, the Ninth Circuit issued a decision holding that California employers can require employees to enter into mandatory arbitration agreements as a condition of their employment. In the decision, Chamber of Commerce v. Bonta, No. 20-15291 (9th Cir., Feb. 15 2023), a three-judge panel reversed the Ninth Circuit’s own prior decision and found that Assembly Bill 51 (AB 51), which sought to impose criminal and civil penalties on employers who require employees to enter into such agreements, is preempted by federal law.
Continue Reading Ninth Circuit Holds California’s Ban on Mandatory Arbitration Agreements is Preempted by the Federal Arbitration Act
On February 9, 2023, the Department of Labor Wage and Hour Division issued a Field Assistance Bulletin concerning the application of certain provisions of the Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA) to teleworking employees. The bulletin provides guidance on compensable time, breaks for nursing employees who are teleworking, and FMLA eligibility rules for remote employees.
Continue Reading Department of Labor Issues Guidance on the FLSA and FMLA for Remote Workers
On December 21, 2022, New York Governor Kathy Hochul signed New York State’s pay transparency bill into law. Effective September 17, 2023, the new law will require employers to disclose the anticipated compensation range for any advertised job posting.
Continue Reading New York State Enacts Wage Transparency Law
In Hamilton v. Dallas County, 2020 U.S. Dist. LEXIS 223831, 2020 WL 7047055, at *2 (N.D. Tex. Dec. 1, 2020), a federal district court judge dismissed a lawsuit by female Dallas County detention officers alleging that a gender-based decision related to weekend work schedules violated Title VII of the Civil Rights Act of 1964. At the root of that case was the fact that, although male and female officers received the same number of days off during a workweek, only male officers were permitted to take both weekend days off. The female officers complained about the scheduling policy, but the County maintained the policy, citing safety concerns.
Continue Reading The Fifth Circuit Mulls “Ultimate Employment Decision” Rule Under Title VII
Among the new employment laws in effect this new year is the expansion of the California Fair Employment and Housing Act (“FEHA”) to include “reproductive health decision-making” in the list of classifications protected by the FEHA. Accordingly, the FEHA now expressly prohibits discrimination, harassment, and retaliation based on employees’ reproductive health-decision-making.
Continue Reading FEHA Expanded to Include “Reproductive Health Decision-making” as Protected Category