On November 6, 2018, the Supreme Court issued its decision in Mount Lemmon Fire District v. Guido, 2018 WL 5794639 (2018), and held that state and local governments of any size are covered under the Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. § 621 et seq. Therefore, states and their political subdivisions are covered by the ADEA regardless of whether they have twenty employees.
Employers likely recall the ill-fated federal overtime rule that was proposed during the Obama administration and was struck down last year. Even though the changes to the Fair Labor Standards Act’s overtime salary threshold never came to fruition at the federal level, Pennsylvania employers should be prepared for possible changes at the state level.
A recent National Labor Relations Board decision – Circus Circus Casinos, Inc., 366 NLRB No. 110 (June 15, 2018) – has shed new light on what constitutes a unionized employee’s request for Weingarten assistance in an investigatory interview or disciplinary hearing. According to the long-established precedent set forth in NLRB v. J. Weingarten, Inc., an employee is entitled to assistance from a union representative when the employee reasonably believes that disciplinary action may result. This right to a union representative arises “only in situations where the employee requests representation.”
The area of LGBT rights in the workplace has garnered a great deal of attention in recent years as a split has grown among the courts and among federal agencies as to whether Title VII prohibits sexual orientation discrimination. Under the Obama Administration, the Department of Justice argued that Title VII’s prohibition on sex discrimination also included sexual orientation and gender identity. Recently, however, the Trump Administration’s Department of Justice filed an appellate brief in the Court of Appeals for the Second Circuit in which it argued that Title VII does not apply to sexual orientation.
On October 30, 2017, the Department of Labor filed a new notice of appeal in the suit that challenged the Obama administration’s overtime regulations. These regulations, which were intended to become effective on December 1, 2016, more than doubled the minimum salary level required to qualify for a white-collar exemption to $913 per week ($47,476 annually).
On July 26, 2017, the Department of Labor (DOL) published a Request for Information (RFI) soliciting public comment on the Fair Labor Standard Act’s (FLSA) minimum wage and overtime requirements for certain executive, administrative, outside sales, and computer employees. The DOL will likely use the feedback it receives to assist with formulating a proposal to revise the overtime regulations.