Labor & Employment Workforce Watch

July 2019

A guide to the employment law developments most likely to impact your business.

To read the Locke Lord Labor & Employment Workforce Watch, click here.

In This Issue:

Get Ready – EEOC to Begin Collecting Pay Data Starting July 15, 2019
For businesses with 100 or more employees, now is a good time to begin reviewing internal systems and coordinating with vendors to collect employee pay information to submit to the EEOC. read more

DOL Proposes New Salary Threshold for FLSA’s Overtime Exemptions
On March 7, 2019, the U.S. Department of Labor (the DOL) issued a proposal to increase the salary threshold for employees to be classified as exempt from the overtime pay requirements of the federal Fair Labor Standards Act (the FLSA) pursuant to the so-called “white collar” exemptions — administrative, executive, and professional. read more

Nieto and New Prime Expand the Scope of the Transportation Exemption Under the FAA
Recent state and federal cases continue to explore and define the reach of the Federal Arbitration Act (FAA). read more

Massachusetts’ Highest Court Holds that Employees Paid on Commissions are Entitled to Overtime and Sunday Pay
Massachusetts law permits employers to pay inside salespeople on a commission only basis, provided that the employer guarantees at least the minimum wage for all regular hours worked. read more

Certain Texas Employers Must Provide Paid Sick Leave to Employees
Two pending lawsuits have further complicated the paid sick leave ordinances in Dallas and San Antonio. read more

2019 Texas Legislative Update
The end of the 2019 Texas legislative session, which ran until May 27, brings new challenges for employers. read more

New York City Bans “Hairstyle Discrimination”
On Feb. 18, 2019, the New York City Commission on Human Rights released new legal enforcement guidance stating that “grooming or appearance policies that ban, limit, or otherwise restrict natural hairstyles or hairstyles associated with Black people generally violate the NYCHRL’s [New York City Human Rights Law] anti-discrimination policies.” read more

Ninth Circuit Holds Dynamex’s ABC Test Applies Retroactively
In April 2018, the California Supreme Court issued its groundbreaking opinion in Dynamex Operations West, Inc. v. Superior Court, (2018) 4 Cal.5th 903. read more