Source: National Women’s Law Center
2. Clarity on LGBTQ Protections
Currently, 22 states prohibit employment discrimination based on sexual orientation and 21 prohibit discrimination based on gender identity. Legal protections for millions of LGBTQ workers in states and localities without similar protections will hinge on a forthcoming Supreme Court ruling, expected in mid-2020, on whether workplace discrimination based on sexual orientation is covered by Title VII of the Civil Rights Act of 1964.
3. More Employees Eligible for Overtime
A new Department of Labor (DOL) rule set to take effect January 1, 2020, addresses the salary level needed for so-called “white collar” workers to be considered “exempt” and therefore not entitled to overtime pay. Under the updated rule, the salary threshold will increase from $455 a week ($23,660 annually) to $684 a week ($35,568 annually). According to the DOL, the new rule will extend overtime protection to 1.3 million additional workers.
4. An Epic Decision
In one of the most important Supreme Court decisions affecting employment in the last two decades, the Supreme Court ruled in May 2018 that companies may limit their employees’ ability to participate in class action litigation. Resolving a tension between the Federal Arbitration Act and the National Labor Relations Act, Epic Systems Corp. v. Lewis established there is no longer any impediment to employers requiring employees to waive their ability to bring class or collective actions under US employment laws.
Epic has already limited class and collective action litigation, particularly under the Fair Labor Standards Act (FLSA). But employers must still be vigilant.
5. Illinois’ Biometric Law Spurs Litigation
Over the last 18 months, scores of employers have been targeted with class action lawsuits alleging violations of Illinois’ Biometric Information Privacy Act (BIPA), stemming from their use of “biometric time clocks” in the state. A recent Illinois Supreme Court ruling held that an individual can obtain statutory damages when the only injury is a “bare” or “technical” violation of the notice-and-consent requirements under BIPA, so these claims are not going away.
Read our full briefing for a deeper dive into how these trends could leave a lasting impact.