Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.
Littler's Workplace Policy Institute Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The July edition of the Insider Report includes a discussion of legislative and litigation efforts to block recent federal agency rulemaking, White House and DOL initiatives to promote equal pay and target sex discrimination, key end-of-term Supreme Court actions, and new state-level employment laws and ballot initiatives. The Report contains the following sections:
Insider Briefing [p. 1]. In the weeks leading up to the July 4th holiday, congressional Republicans turned to a variety of legislative vehicles to try to block recent and pending regulations affecting the workplace. At the same time, the Department of Labor (DOL) and Equal Employment Opportunity Commission (EEOC) continued their efforts to finalize as much of their agendas as possible before the next Administration takes over. Yet, significant court decisions issued in June suggest it will fall to the federal government's judicial branch to determine the legacy of much of the Obama Administration's labor and employment policy.
On the Move [p. 1]. While the U.S. Congress has been predictably stagnant this election year, state legislatures have enacted over 100 labor- and employment-related bills during the first half of 2016. At least 20 employment bills were signed into law at the state level in June alone. These new laws impose new requirements related to background checks, pregnancy accommodation and paid sick leave, among other hot legislative topics. In addition, the looming general election has spurred several ballot initiatives that seek to place the adoption of new employer obligations in the voters' hands.
In Focus [p. 10]. On June 20, 2016, the U.S. Supreme Court vacated the Ninth Circuit's decision that car dealership service advisers are eligible to receive overtime compensation. The ruling in Encino Motorcars, LLC v. Navarro has much broader significance than whether such service advisers fall within an exception to the Fair Labor Standards Act (FLSA) overtime requirements. Its import lies in the Court's failure to give deference to the Department of Labor's 2011 rule.
Global Report [p. 9]. This section provides a roundup of international labor and employment news.
Outlook [p. 12]. A calendar of events provides information on upcoming regulatory comment deadlines, agency meetings, and related activities.
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