Although the U.S. Department of Labor may steal the show in terms of August developments involving the minimum wage, tips, and overtime, states are by no means singing backup.
On August 29, 2018, the U.S. Court of Appeals for the Seventh Circuit issued its opinion in Robertson v. Allied Solutions, LLC, holding the plaintiff had standing to sue in federal court under the Fair Credit Reporting Act (FCRA).
While some may contend that an amendment to the Fair Credit Reporting Act imposes additional notice duties for employers, that argument does not appear to withstand scrutiny.
On August 29, 2018, Delaware Governor John Carney signed into law a bill (HB 360) addressing sexual harassment in the workplace. The new law broadly prohibits sexual harassment and retaliation, and imposes training and notice obligations on employers.
Illinois recently enacted legislation that extends the filing period for charges under the Illinois Human Rights Act, simplifies certain procedures, and aims to ameliorate administrative inefficiencies.
The DOL has issued six new opinion letters addressing various matters under the federal FLSA and FMLA, and announced the formation of an Office of Compliance Initiatives to strengthen employer compliance assistance.
On August 24, 2018, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued three new directives, 2018-05, 2018-06, and 2018-07.
On August 24, 2018, the OFCCP rescinded Directive 307 and its Obama-era procedures for reviewing contractor compensation systems and practices, and replaced it with a new directive.
On July 27, 2018, Seattle Mayor Jenny Durkan signed into law the Domestic Worker Ordinance. Effective July 1, 2019, the ordinance is expected to impact approximately 33,000 domestic workers in Seattle.
On August 23, 2018, New York Governor Andrew Cuomo issued an executive order that contains a model policy, model complaint form, and model training in accordance with the state’s new sexual harassment law.
