Three Employment Law Issues on the Supreme Court Docket

JP Magill — Wed, 30 Sep 2020 00:22:17 +0000

Getting an employment decision to the Supreme Court can take a long time. It can easily take years for a case to wind its way through the lower trial and appellate courts. However, there are several important employment issues that we could see decided by the Supreme Court over the next few years.

In preparation of the new term starting Oct. 5, the Society for Human Resource Management (SHRM) details a few cases employers and HR professionals need to know about the upcoming term:

Van Buren v. United States – a case that will determine the limits employers can set when it comes to authorized access to work computers.

California v. Texas and Texas v. United States – two consolidated cases to decide whether reducing the penalty to zero rendered the minimum-coverage provision unconstitutional—and, if so, whether the rest of the ACA can remain enforceable without it.

Henry Schein Inc. v. Archer and White Sales Inc. – to give employers clear guidance on to properly draft employment arbitration agreements and how clear the agreement has to be about whether the arbitrator can decide whether issues should be brought in arbitration or court.

You can read the full article at bit.ly/32U9fJV.

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The State of Employment Law

JP Magill — Mon, 08 Jun 2020 17:37:56 +0000

While most employers think Federal legislation will impact them the most, it’s actually state and local legislation that will have the greatest impact on Texas businesses. It has been years since the Feds have been able to enact any type of meaningful legislation. For example consider E-Verify, Immigration Reform, the Affordable Care Act (enacted but watered down), or even new Wage & Hour laws. The formula to derail any form of legislation is to find a sympathetic Federal judge from your side of the aisle, that will slap a temporary injunction on the new law. Status quo then wins.

Where future changes will come from is at the state and local level. The state or cities are more homogeneous and more likely to agree and work together to enact any new employment law. For example, look at the “Ban the Box” initiative in cities like Austin, Chicago, New York City, Los Angeles, Seattle and eight others, where private employers cannot ask about criminal history until after offering employment. There are also dozens of sanctuary cities across the US. And don’t forget about the growing list of cities that have their own, higher, minimum wage.

Beyond the cities, you have states now legislating more and more employment laws. California is obviously the poster child of state employment legislation. Joined by most states in one form or fashion.

What this means for the employer is that while you must keep a watchful eye on Federal legislation, the real impact in the foreseeable future in employment law will be at the local and state level.

JP Magill, founder of HRX, has been in HR for over 25 years. He has been in the HR outsourcing world for the last 15 years. HRX works with small/mid-sized companies that either do not have an HR department or need more horsepower in their HR department. JP can be reached at jp@magillhrx.com

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