Employment Law Navigator – Week in Review: December 2016

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Last week was a big one for wage and hour law. The Department of Labor filed a notice of its intent to appeal the injunction stopping enforcement of its new FLSA overtime rule and asked the Fifth Circuit to expedite the appeal proceedings. Meanwhile, SHRM offered advice to employers in the wake of the overtime rule injunction.
Two significant wage and hour settlements were also announced last week. Zillow Inc. reached a $6 million settlement with the Department of Labor to resolve issues arising from class action overtime claims by sales representatives. Lifetime Fitness agreed to pay nearly $1 million in back wages and damages to almost 16,000 employees nationwide after a Department of Labor investigation found the company violated minimum wage requirements at its locations in 26 states.
Discrimination
  • Walmart agreed to pay $7.5 million to settle a discrimination suit that accused the company of denying health insurance benefits to same-sex spouses.
  • The Guardian covered why minority working-class women are disproportionately affected by economic austerity.
  • A full panel of the Seventh Circuit considered whether Title VII protects workers from discrimination on the basis of sexual orientation, revisiting a case decided in July by a three-judge panel.
  • A former financial advisor sued Citigroup for being a “boys club” where she was subjected to gender-based discrimination.
  • A study by online magazine Quartz revealed that slightly overweight, healthy female candidates are less likely to be hired than overweight men.
  • The National Law Review explained the EEOC’s new Guidance on National Origin Discrimination.
Technology
In Other News
  • HR Dive announced the 2016 winners of its annual awards for the companies and trends defining HR and employee management.
  • The Atlantic released a collection of engrossing interviews with American workers.
  • A federal judge denied a request for an injunction to halt the December 1 implementation of anti-retaliation provisions in OSHA’s new recordkeeping rule.
  • Former Penn State University coach Mike McQueary was awarded an additional $5 million in his whistleblower lawsuit against Penn State. McQueary claimed that his employment ended because he testified against officials implicated in the Jerry Sandusky sex abuse case.
  • The Los Angeles City Council approved a “ban the box” ordinance, prohibiting LA employers from asking about a job candidate’s criminal history until after a conditional job offer is made.

 

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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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