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Employment Law Update- 3/31/2022

By March 31, 2022No Comments

CONTENTS:

  •  The EEOC Toots Its Horn with Its 2021 Performance Report
  • It’s All Fun and Games Until Someone Gets Harassed
  • Texas Court Says “Not So Fast” to Biden Administration
  • Jones Waldo’s Employment Group Is Joining Parsons Behle & Latimer          

 

The EEOC Toots Its Horn with Its 2021 Performance Report:  On March 28, U.S. Equal Employment Opportunity Commission (EEOC) released its performance report for 2021. The EEOC reported higher merit factor resolutions (resulting in nearly 1 in 5 charges resolved favorably to workers); more lawsuit filings; and more successful mediations. The EEOC also said that, during the pandemic, there was a slight decrease in charge receipts and an increase in the pending charge inventory. The agency also reported that President Biden had released his 2023 Budget, which proposes $464.65 million for the EEOC, including $31.5 million for the state, local, and tribal programs. This represents a 10.6% increase over the 2022 enacted level. You can read more on the EEOC’s performance report here.

It’s All Fun and Games Until Someone Gets Harassed:  A federal court in California has approved and entered a consent decree between a video game company and the U.S. Equal Employment Opportunity Commission (EEOC), which includes $18 million in monetary relief and significant injunctive relief. The consent decree resolves a lawsuit that alleged Activision Blizzard, Inc. subjected female employees to sexual harassment, pregnancy discrimination, and retaliation. You can read more here.

Texas Court Says “Not So Fast” to Biden Administration:  A federal judge in Texas has reinstated a Trump-era rule that makes it easier for employers to classify workers as independent contractors. Under the Fair Labor Standards Act (FLSA), employees are entitled to minimum wage, overtime pay, and other benefits. Independent contractors are not entitled to such benefits, but they have more flexibility to set their own schedules and work for multiple companies. During President Trump’s administration, the Department of Labor (DOL) issued a rule that applied an economic-reality test that primarily considers whether the worker operates his or her own business or is economically dependent on the hiring entity. The rule was slated to take effect in March 2021, but President Biden’s administration issued rules delaying and ultimately withdrawing the rule. The Texas court reinstated the rule, holding that the Biden administration’s actions violated the Administrative Procedure Act (APA) by failing to engage in a proper notice and comment period as is required by the APA. The DOL is considering an appeal. You can read more here.

Jones Waldo’s Employment Group Is Joining Parsons Behle & Latimer:  For those following the legal market, especially in the Salt Lake region, it will come as no surprise to hear that things have been changing—rapidly. This is in large part due to a number of national and international law firms entering the Salt Lake area. As these changes have been unfolding, Jones Waldo has been reading the tea leaves and has decided that the time is ripe for a proactive approach that enables its attorneys to remain together and dedicated to serving clients centered in the intermountain region. With that, a large number of Jones Waldo attorneys—including the entire employment group—will be joining the long-established Utah law firm Parsons Behle & Latimer. Jones Waldo’s employment group is excited to join the Parsons Behle team, which is already comprised of excellent lawyers, including exceptional employment lawyers like Sean Monson and Christina Jepson. Jones Waldo’s employment group plans to transition over to Parsons Behle over the next couple of months. Stay tuned for instructions on how to continue receiving our semi-monthly updates. You can read Jones Waldo’s press release about the change here, and Parsons Behle’s here.

 

 

 

Mike O’Brien | mobrien@joneswaldo.com
Mark Tolman | mtolman@joneswaldo.com

Marci Rechtenbach | mrechtenbach@joneswaldo.com
Paul Smith | psmith@joneswaldo.com

Michael Judd | mjudd@joneswald.com
Elena Vetter | evetter@joneswaldo.com

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