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On March 7, 2019, the United States Department of Labor issued a proposed new rule that would significantly change the pay standards for overtime exemptions under the Fair Labor Standards Act.
McGlinchey Labor & Employment Alert
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On June 3, 2019, in Fort Bend County, Texas v. Davis, the Supreme Court unanimously held that federal courts can exercise jurisdiction over discrimination claims that were never brought before the Equal Employment Opportunity Commission.
McGlinchey Labor & Employment Alert
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On February 1, 2019, the Equal Employment Opportunity Commission (EEOC) announced that, due to the partial lapse in appropriations, the opening of the EEO-1 has been postponed until early March 2019. The deadline to submit EEO-1 data is extended until May 31, 2019.
McGlinchey Labor & Employment Alert
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The Supreme Court in Epic Systems v. Lewis recently upheld the rights of employers to require employees to sign mandatory arbitration agreements in which employees must waive their rights to bring a class or collective action against their employers.
McGlinchey Labor & Employment Alert
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A specific provision was included in the congressional spending bill approved on March 23, 2018, to amend the tip credit provisions of the Federal Labor Standards Act (FLSA) to expressly provide that employers cannot keep any portion of the tips earned by their workers, regardless of whether the employer utilizes the tip credit.
McGlinchey Labor & Employment Alert
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The Louisiana Supreme Court issued a landmark decision on March 13, 2018, upholding the constitutionality of the allocation of state and local Minimum Foundation Program (MFP) funding to New Type 2 charter schools pursuant to La. Const. art. VIII, § 13. Iberville Parish Sch. Bd. v. Louisiana State Bd. of Elementary & Secondary Educ., No. 2017-C-0257 slip op. (La. March 13, 2018).
McGlinchey Labor & Employment Alert
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Beware of including nondisclosure agreements when settling sexual harassment claims, because neither the settlement payment nor the attorneys’ fees related to that settlement will be deductible under new Internal Revenue Code Section 162(q).
McGlinchey Labor & Employment Alert
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Employers in service industries may soon be able to require their tipped employees to share their tips with “back of the house” employees. The catch: the tipped employees must be paid at least minimum wage with no use of the tip credit.
McGlinchey Labor & Employment Alert
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Federal government agencies are in conflict among themselves as to whether Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sexual orientation, including transgender status. Likewise, federal courts have reached differing conclusions.
McGlinchey Labor & Employment Alert
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McGlinchey Labor & Employment Alert
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