Federal Court Invalidates DoL’s Proposed Overtime Rule

Skip Sperry September 6, 2017Blog Leave a Comment

In November 2016, a federal district court in Texas granted a preliminary injunction against the imposition of the Department of Labor’s effort to change the white collar exemptions to overtime rules. The rule would have effectively doubled the salary requirement to maintain an exemption: from $455 per week to $913 per week.

The DoL appealed the injunction, but on August 31, 2017, it lost its appeal on summary judgment. Further, and more importantly,

New I-9 Form: Deadline September 18, 2017

Skip Sperry July 18, 2017Blog Leave a Comment

The United States Citizenship and Immigration Services (“USCIS”) has issued a new form I-9 for all employers. Companies may begin using the new form now, but must begin using the new form by September 18, 2017. All collection and retention rules for existing I-9 forms remain in effect. A few changes were made to the list of acceptable documents in List C, and a few form instructions were revised.

United States House Passes Comp Time Bill 1180

Skip Sperry May 4, 2017Blog Leave a Comment

This week, the United States House of Representatives passed House Bill 1180, which would allow private employers to offer employees compensatory time off (“comp time”) in lieu of paying them overtime for hours worked in excess of forty in any one workweek. Under this bill, comp time could be accrued at 1.5 hours for each hour of overtime worked in a workweek. Most public sector employees have had this benefit since 1985.

Idaho Legislative Update

Skip Sperry February 16, 2017Blog Leave a Comment

As you are aware, the Idaho Legislature is in session and considering new legislation. It is considering several employment and labor bills, but only a few of those under current consideration may affect private businesses in Idaho.

The first, House Bill 71, seeks to amend the law pertaining to discrimination by making it unlawful to inquire about a prospective employee’s past salary history. The statement of purpose for the bill reads as follows:

A wage gap persists nationally,

9th Circuit Court of Appeals Rules Against Employer in FCRA Case

Skip Sperry January 30, 2017Blog Leave a Comment

On January 20, 2017, the 9th Circuit Court of Appeals, which covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Oregon, and Washington, reversed a district court’s dismissal of the plaintiff’s Fair Credit Reporting Act (“FCRA”) claim against an employer.

The Court, in Syed v. M-I, LLC, held that a prospective employer violates the FCRA when it procures a job applicant’s consumer report after including a liability waiver in the same document as a statutorily mandated disclosure.

New I-9 Form January 22 Deadline

Skip Sperry January 12, 2017Blog Leave a Comment

Don’t forget that all employers must begin using a new I-9 form no later than January 22, 2017. Published by the U.S. Citizen and Immigration Services on November 14, 2016, the new form can be found here. If you have any questions or need additional assistance, please let us know.

Labor’s Attack Against Idaho’s Right to Work Law Fails

Skip Sperry November 30, 2016Blog Leave a Comment

On August 31, 2016, I reported on a case before the Idaho Federal District Court, in which the International Union of Operating Engineers attacked Idaho’s right to work law on 5th Amendment “takings” and preemption grounds. Late last month, U.S. District Judge Howard J. Lodge ruled that the National Labor Relations Act does not preempt Idaho’s right to work law and that there was no unlawful taking of union dues by forcing unions to represent workers who don’t pay union dues.

White Collar Exemption Changes On Hold, for Now

Skip Sperry November 28, 2016Blog Leave a Comment

Last week, on November 22, 2016, the federal Eastern District Court of Texas temporarily enjoined the Department of Labor from implementing its changes to the salary requirements for white collar exemptions. The regulations, as described in my May 18, 2016 blawg article, were to be effective on December 1, 2016 and raised the salary requirement for exemption from $455 per week to $913 per week.

The injunction temporarily delays the implementation of the new rules until the injunction is overturned or upheld on appeal.

H.R. 6030 “Pay Equity for All Act of 2016” Introduced in the House

Skip Sperry September 16, 2016Blog Leave a Comment

On September 14, 2016, Eleanor Norton (D.C. Representative) introduced H.R. 6030 to the House of Representatives, and that bill was referred to the Committee on Education and the Workforce. The bill would amend the Fair Labor Standards Act (“FLSA”) by adding the following new Section 8:

Sec. 8. Requirements and prohibitions relating to wage, salary and benefit history

It shall be an unlawful practice for an employer to—

(1) screen prospective employees based on their previous wages or salary histories,

Big Labor Attacks Idaho’s Right to Work Law

Skip Sperry August 31, 2016Blog 2 Comments

A big labor case filed in Idaho’s federal district court continues to progress. The case, entitled International Union of Operating Engineers Local 370 v. Wasden, Case No. 4:15-cv-00500, was filed on October 22, 2015. The complaint alleges that Idaho’s Right to Work (“RTW”) statute is unconstitutional based upon the 5th Amendment prohibition against takings of private property for public use without paying just compensation. The union’s theory is that because they have an obligation to bargain on behalf of ALL workers in a unit and Idaho’s RTW law allows workers to decide whether to join the representing union and pay dues,

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