Posts from April 2018

Experience Caps Run Afoul of ADEA’s Disparate Impact Provision, and Outside Applicants May Sue Thereunder Rules 7th Circuit

April 30, 2018 by Hinshaw & Culbertson LLP

If your company hires in Illinois, Indiana, or Wisconsin, and uses years of experience ranges in job postings, it is time to break out the red pen and strike the upper end of those ranges. In a 2-1 opinion, the 7th Circuit recently held the disparate impact provision of the Age Discrimination in Employment Act (ADEA) protects outside job applicants as well as internal job applicants. Now, hiring practices that disparately impact outside applicants over age 40 are unlawful. Applying that ruling in the case before it, the court revived a disparate impact lawsuit claiming experience caps disparately impacted older workers in violation of the ADEA. More ›

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| Email | Print | Topics: ADEA, Age Discrimination, Disparate Impact, Experience, Internal Applicants, Job Applicant, Outside Applicants

NFL's Termination of Security Personnel Prompts Allegations of Age Discrimination

April 24, 2018 by Hinshaw & Culbertson LLP

When former District of Columbia Police Chief Cathy Lanier stepped into her new role as security chief for the National Football League (“NFL”), she let it be known there was a “new sheriff in town,” a federal lawsuit alleges. About one year later, the NFL fired 9 security representatives accounting for approximately 1/3rd of the league’s staffing for the position and approximately 75% of the security representatives who were of the of age 60 or older. The security personnel promptly filed a federal suit in the Southern District of New York. More ›

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| Email | Print | Topics: ADEA, Age Discrimination, Fair Labor Standards Act, FLSA, Independent Contractors, Misclassification, New York Labor Law, Older Workers, Wage and Hour

Labor Department Provides Guidance on Compensating Employee Travel Time

April 22, 2018 by Jeremiah Snowden

The Labor Department, Wage & Hour Division, issued an Opinion Letter earlier this week answering questions about the compensability of travel time for hourly technicians under the Fair Labor Standards Act (FLSA). The technicians did not work at a fixed location or a fixed daily schedule. They worked 8 to 16 hours per day at various locations. Sometimes they stayed in hotels overnight or traveled out of town for training courses. The employer provided technicians company vehicles, which they could use for both work and personal purposes. More ›

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| Email | Print | Topics: Commuting Time, Compensable Time, Fair Labor Standards Act, Hours Worked, Opinion Letter, Time Records, Travel Time, U.S. Department of Labor, Wage and Hour, Wages, Work Schedules

Use of Salary History Taboo? Ninth Circuit Weighs In

April 16, 2018 by Linda K. Horras

Use of one's last salary or salary history to determine compensation can be a proxy for sex discrimination. Once considered a legitimate "factor other than sex," some jurisdictions are banning the use of a job candidate's salary history to determine compensation as it has perpetuated pay inequities between the sexes. The Ninth Circuit Court of Appeals is the highest-profile court to address, and ban, use of salary history in the employment setting in most (but not all) cases. More ›

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| Email | Print | Topics: Equal Pay Act, Equal Pay for Equal Work, Fair Pay, Gender Equality, Ninth Circuit Court of Appeals, Pay Equity, Pay History, Pay Inquiries, Salary History, Salary Inquiries, Salary Inquiry, Wage and Hour

California Supreme Court to Provide Guidance on Meal and Rest Breaks

April 10, 2018 by Hinshaw & Culbertson LLP

The California Supreme Court may soon provide health-care providers rare and much needed clarification concerning their wage and hour practices. It will do so in response to the Ninth Circuit’s request for guidance on the following wage and hour issues touching upon the meal and rest period rights of ambulance attendants: More ›

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| Email | Print | Topics: 24-Hour Shifts, California, California Supreme Court, Meal & Rest Break, Meal Breaks, Meal Period, Ninth Circuit Court of Appeals, Off-Duty Rest, Premium Wage, Rest Breaks, Rest Period, Wage and Hour, Wage Order 9

U.S. Supreme Court Rejects Narrow Reading in Favor of "Fair" Reading of FLSA Exemptions

April 9, 2018 by Linda K. Horras

The US Supreme Court recently issued a five-four decision addressing whether service advisers of a car dealership fell within the automobile sales exemption. While the opinion may not seem particularly helpful for businesses that do not sell cars, a deeper reading reveals that it is a positive case for employers. More ›

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| Email | Print | Topics: Audit, Automobile Sales Exemption, Compliance Audit, Exempt Employee, Exempt Status, Exemption, Fair Labor Standards Act, Fair Reading, FLSA, Job Classification, Job Classification Audit, Misclassification, Narrow Construction, Supreme Court of the United States

Temporary Schedule Changes Now Mandatory for New York City Employers

April 1, 2018 by Concepcion A. Montoya

The New York City Council further solidified its commitment to advancing the work-life balance of New Yorkers by requiring employers to allow employees to take two temporary schedule changes per calendar year. Effective July 18, 2018, New York City employees may request a temporary change to their schedule, up to two times per year, for a “personal event” defined as the need to provide care to a minor child or care recipient; the need to attend a legal proceeding or hearing for subsistence benefits; or any circumstances that would be a basis for permissible use of safe time or sick time as defined by the NYC Earned Sick Time Act. The new law amends New York City’s Fair Workweek Law, which was enacted in November 2017, to require employers to grant a request for a temporary change in work schedule. More ›

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| Email | Print | Topics: Fair Workweek Law, Leave, New York City, Sick Leave, Temporary Schedule Change, Unpaid Leave, Work Schedules

Experience Caps Run Afoul of ADEA’s Disparate Impact Provision, and Outside Applicants May Sue Thereunder Rules 7th Circuit

NFL's Termination of Security Personnel Prompts Allegations of Age Discrimination

Labor Department Provides Guidance on Compensating Employee Travel Time

Use of Salary History Taboo? Ninth Circuit Weighs In

California Supreme Court to Provide Guidance on Meal and Rest Breaks

U.S. Supreme Court Rejects Narrow Reading in Favor of "Fair" Reading of FLSA Exemptions

Temporary Schedule Changes Now Mandatory for New York City Employers

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