The Ninth Circuit Court of Appeals recently took a fresh look at the test for discrimination under Section 105(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act), issuing a decision that could signal a major shift in the way Mine Safety and Health Administration (MSHA) discrimination cases are litigated.
Twenty-two of 27 Republican-led states have announced that they will end enhanced federal COVID-19 unemployment benefits early. Of those, four (Arizona, Montana, New Hampshire, and Oklahoma) will offer additional monetary incentives for individuals to return to work. To date, no state with a Democratic governor has chosen to opt out of the COVID-19–related enhanced federal unemployment programs.
Several states’ minimum wage rates will increase in 2021. The following chart lists the state (and certain major locality) minimum wage increases for 2021—and future years, if available—along with the related changes in the maximum tip credit and minimum cash wage for tipped employees.
Elections in the United States are scheduled for Tuesday, November 3, 2020. Not only will the office of president of the United States be contested, but all 435 seats in the U.S. House of Representatives and 35 of the 100 seats in the U.S. Senate are up for grabs. At the state level, elections will be held for the governorships of 11 U.S. states and 2 U.S. territories.
In Davidson v. O’Reilly Auto Enterprises, LLC, No. 18-56188 (August 3, 2020), the Ninth Circuit Court of Appeals addressed whether a district court abused its discretion in denying class certification for an employee’s claim for improper rest breaks under California law where the employer allegedly had a facially defective written rest break policy.
With only 404 total positive test results, 44 hospitalizations, and 10 deaths statewide during the pandemic as of May 22, 2020, Alaska took a big step forward in reopening its economy and lifting restrictions on social interaction. Accordingly, during a recent press conference, Governor Mike Dunleavy announced that phase III of the Reopen Alaska Responsibly plan would begin on May 22.
The Ninth Circuit recently issued two mostly pro-employer federal Fair Credit Reporting Act (FCRA) background check decisions.
On April 22, 2020, Alaska Governor Mike Dunleavy, Alaska Department of Health and Social Services Commissioner Adam Crum, and Dr. Anne Zink, Chief Medical Officer for the State of Alaska, issued Health Mandate 16 (effective April 24, 2020) to balance “the ongoing need to maintain diligent efforts to slow and disrupt the rate of infection with the corresponding critical need to resume economic activity in a reasonable and safe manner.” This approach reflects Alaska’s first phase in plans to reopen business activity in the state during the COVID-19 pandemic.
Alaska has joined a growing number of states addressing the thorny issue of the size and density of religious gatherings during the COVID-19 health crisis. Like other states, Alaska has attempted to balance the constitutional rights of free exercise of religion and peaceable assembly with legitimate public health concerns warranting the practice of social distancing.
Alaska Governor, Mike Dunleavy, along with Commissioner Adam Crum and Chief Medical Officer, Dr. Anne Zink, have issued a number of health mandates restricting travel and social interaction to help address the state’s increasing concerns with slowing the spread of COVID-19 while attempting to preserve operations of “essential” work.
In 2020, a number of states’ minimum wage rates will increase. The following chart lists the states’ (and certain major localities’) minimum wage increases for 2020—and future years if available—along with the related changes in the maximum tip credit and minimum cash wage for tipped employees. The federal minimum wage will remain at $7.25 per
On February 25, 2019, in a much awaited decision, the Supreme Court of the United States issued a per curiam ruling in Yovino v. Rizo, No. 18-272, 586 U.S. ___ (2019). Rather than address the substantive issue of whether an employer may rely on salary history to establish starting pay under the federal Equal Pay Act (EPA), the Court vacated and remanded the matter on a procedural—yet still important—issue.
The Ninth Circuit Court of Appeals issued its highly-anticipated website accessibility opinion in Robles v. Domino’s Pizza, reaffirming the obligation to make retailers’ websites accessible and rejecting the due process and primary jurisdiction arguments commonly asserted by defendants in website accessibility litigation.
In 2019, a number of states’ minimum wage rates will increase.
On July 24, 2018, the Ninth Circuit Court of Appeals ruled in Munro v. University of Southern California, No. 17-55550, that an employer/fiduciary of a 401(k) plan cannot force a fiduciary breach claim under Employee Retirement Income Security Act (ERISA) section 502(a)(2) into arbitration.