September 26, 2016

Employment Law Navigator – Week in Review: September 2016 #4

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Last week, 21 states filed a lawsuit challenging the Department of Labor’s new overtime rules. Within hours, another suit was filed by the U.S. Chamber of Commerce and business groups. The lawsuits contend that the Department of Labor exceeded its authority and violated the Tenth Amendment by issuing the rules. The new rules, which are scheduled to take effect December 1, 2016, will require employers to pay overtime to workers earning less than $47,476 a year, which is double the current threshold of $23,660.

Discrimination

A new $500 million lawsuit was filed accusing auto-racing organization NASCAR of racial discrimination for allegedly excluding African-American drivers and team owners from competitions.
The EEOC sued M&T Bank for firing a branch manager who was on short-term disability leave related to pregnancy.
A federal judge in Wisconsin ruled that an employer’s wellness program is lawful under the Americans with Disabilities Act because employee participation was voluntary, but also held that the EEOC’s new regulations on wellness programs are within the EEOC’s authority.

Technology

Tiffany Kuehl highlights how one Minnesota business is strategically implementing HR technology and engaging employees.
The HR Capitalist asks whether algorithms will eventually write coaching scripts for managers.
Ere Media covered how Unilever is using HR tech to shorten its recruiting period from four months to two weeks.

Wage and Hour

HR Bartender answered a question from an unhappy employee impacted by the Department of Labor’s new overtime rules.
A California judge approved Kate Spade’s $1.3 million settlement of more than 1,000 retail workers’ claims that the company didn’t pay them for overtime and breaks.
Business Insider covered South Dakota’s efforts to decrease its minimum wage.

In Other Developments:

Former Wells Fargo employees filed a class action in California, seeking $2.6 billion on behalf of workers who were demoted, forced to resign, or fired after trying to meet aggressive sales quotas without committing fraud.
Nearly 14,000 Uber and Lyft drivers signed union cards, triggering the threshold needed for an official vote on unionizing.
Bloomberg urged employers to ditch the 9-to-5 workday.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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Employment Law Navigator – Week in Review: September 2016 #4

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