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Paul Zimmerman

Showing 9 posts by Marc B. Zimmerman.

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Jason Speros ©

Supreme Court Rules a Plaintiff’s Failure to File EEOC Charge Is Not Fatal to Title VII Lawsuit Unless Timely Raised by a Defendant

It’s a given that employers are prohibited from discriminating against employees on the basis of sex, race, color, national origin and religion – this according to Title VII of the Civil Rights Act of 1964, which generally applies to employers with 15 or more employees, including federal, state and local governments. It’s also been a given that a court lacked jurisdiction over a court action for discrimination under Title VII until and unless an employee first filed a charge of discrimination on the underlying claim with the U.S. Equal Employment Opportunity Commission (EEOC). Not anymore. By way of its recent ruling in Fort Bend County v. Davis, the U.S. Supreme Court has determined that this now-familiar administrative filing precondition is a “procedural obligation” and not a jurisdictional prerequisite to a lawsuit. (Read More)

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Andriy Popov ©

The DOL Tries Again to Refresh Overtime Salary Thresholds

Following the invalidation of its 2016 rules by a Texas district court, the U. S. Department of Labor released a new proposed rule again looking to raise the salary level required to be eligible for the “white collar” or “EAP” (Executive, Administrative, Professional) exemptions from overtime premium pay under federal law. (Read More)

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Aleksey Boldin ©

Misclassification Class Actions Take a Back Seat

The corporate folks at Uber Technologies Inc. have cause to be uber-happy given the outcome of a recent appeal before the Ninth Circuit – a decision that sends a clear message to employers throughout the West.

The peer-to-peer ridesharing company had been facing a class action lawsuit filed on behalf of drivers claiming to be Uber employees, as opposed to independent contractors as classified when hired and as reflected in agreements they signed with the company. The stakes in the case were high and potentially quite costly for Uber: among other things, reclassification would potentially require reimbursement for gasoline and vehicle maintenance and trigger minimum wage and overtime laws. (Read More)

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Viktor Bondar ©

The Joint Employer Saga Continues: Proposal by NLRB Narrows Scope of Liability

For years, the words “joint employer” have figured prominently in the parlance of labor attorneys across the country. This theory of liability has been subject to something of a tug of war, which can be traced to the halls of power in Washington where, in 2015, the National Labor Relations Board (NLRB) doubled down on an employer’s legal exposure to employees—quite literally. (Read More)

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mironovkonstantin ©

#MeToo: What Employers Need to Know About New Laws in New York State and City Concerning Workplace Sexual Harassment

The New York State Legislature and New York City Council have passed sweeping anti-sexual harassment laws expanding the landscape of employers’ existing obligations in addressing sexual harassment in the workplace. The laws follow on the heels of the #MeToo movement and are aimed at providing greater protection against sexual misconduct on the job. Here’s a rundown of the new mandates, with the deadlines for compliance: (Read More)

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philipus ©

Something New on the Starbucks Menu: Diversity Training

Recently, more than 8,000 Starbucks locations in the U.S. closed shop for a mandatory “Racial Bias Education Day” – a diversity training for its employees. The day of training was precipitated by the arrest of two black men in a Starbucks in Philadelphia, prompted by a call to the police by one of the store’s managers who claimed the men were sitting in the Starbucks for minutes without making a purchase. (Read More)

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phartisan ©

Attention Employers: The Supreme Court Has Spoken On Class Action Waivers

The U.S. Supreme Court finally issued its long-awaited decision in Epic Systems Corp. v. Lewis, finding that class and collective action waivers contained in employer arbitration agreements are lawful and enforceable under the Federal Arbitration Act. To the delight of employers across a range of industries nationwide, the Court’s 5-4 decision means that companies can use arbitration agreements to prohibit workers from bringing or participating in class or collective actions over workplace issues (e.g., wage/hour claims). (Read More)

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bakharev ©

Got Employees? New Laws Juvenile Products Manufacturers Need to Know

There is much for management in the juvenile products industry to keep front of mind— federal, state and local regulations; domestic and international economic conditions; competition and pricing; supplier, vendor or distributor disruption; cybersecurity threats; access to capital; environmental issues; technological innovation; and growth strategies, among other things. At the top of that list should also be labor and employment laws that impact operations. After all, juvenile products manufacturers are, first and foremost, employers. With that being said, this overview of new workplace requirements and restrictions that have recently become effective in California and New York should prove helpful. (Read More)

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Jean-Marie Guyon ©

Here’s a Tip: Be Mindful of Pending Changes in the Treatment of Gratuities

The U.S. Department of Labor (“USDOL”) has pulled the trigger on its plan to roll back its regulations put in place in 2011 under then-President Barack Obama expressly prohibiting employers from forcing tipped employees to share gratuities with non-tipped staff (the “Obama regulations”). Once finalized, the DOL’s newly proposed rule, widely hailed by employers in the hospitality industry, will permit employers who pay its workers at least the full federal minimum wage to require traditionally tipped employees like waitstaff, captains, bussers, bartenders and runners to share customer tips with so-called “back-of-house” workers – chefs, cooks, dishwashers and porters. (Read More)