Author Archives: gsauer

Judicial Realism Is Dangerous

Judges reach decisions on matters before them, then find laws to support their predetermined result. They may ignore laws that dictate a different outcome and conveniently disregard prior decisions that have a bearing on the cases in front of them.

by Gerald Sauer

Imagine scientists manipulating data in order to prove their hypotheses. That would be considered a gross violation of scientific protocol, mandating the harshest sanctions against the researchers and rejection of their research.

Read full story on Law.com

DC Employers of Tipped Workers Must Prepare To Comply With New Wage and Hour Requirements

By Sonya Goodwin & Robert T. Dumbacher on May 9, 2019

To all employers in Washington DC who employ tipped workers, heed this warning: as of July 1, 2019, you must comply with new notice, reporting, and training requirements, as set forth in the Tipped Wage Workers Fairness Amendment Act of 2018 (the “Act”).  The Act, which became effective December 13, 2018, repealed a ballot initiative (Initiative No. 77) that would have changed how tipped workers in DC would have been paid to eventually match the standard minimum wage by 2026.  With the goal of protecting the rights of tipped workers, the Act sets forth the following requirements for all employers of tipped workers in the District:

All Employee Rights Notice Requirements: The Mayor must create and maintain a website that provides information about employees’ rights under various anti-discrimination and labor laws, including information about how to report violations of such laws.  All employers (not just those with tipped workers) must display a poster that contains the website address, a list of the anti-discrimination, labor, and federal laws, the hourly minimum wage, and the hourly tipped minimum wage.  The poster is provided by the Mayor’s office and must be posted in a conspicuous place accessible to all employees.  Employers must also maintain printed copies of all of the information contained on the website and compile them in a single location and make the documents available at every location where the poster is displayed.  Employers must make sure these documents are up to date on a monthly basis.

Read the rest at Hunton Employment & Labor Perspectives

California Legislators Take Another Stab At Preventing Employment Arbitration Agreements

By Sonya Goodwin & Emily Burkhardt Vicente on April 3, 2019

California has long been considered one of the most – if not the most – protective states of employee rights.  This continues to ring true, as the legislature has proposed another law aimed at prohibiting employers from requiring employees to sign mandatory arbitration agreements as a condition of employment.   In essence, Assembly Bill 51 (AB 51), would prevent employers from requiring their employees to bring all employment related claims, including discrimination, harassment, retaliation, and wage and hour claims, in arbitration instead of state or federal court.

If passed, AB 51 also would prohibit employers from threatening, retaliating against, discriminating against, or terminating an employee or refusing to hire a prospective employee who refuses to sign an arbitration agreement.  While the law does provide that employees may voluntarily consent to enter into an arbitration agreement, arbitration agreements with “opt-out” provisions or any provision that requires the employee to take affirmative action to avoid waiving his/her right to civil court would also be prohibited under AB 51.   If passed, any violation of this law would constitute an unlawful employment practice under the Fair Employment and Housing Act.   The proposed bill also allows for injunctive relief and attorneys’ fees to a prevailing plaintiff.

Read the rest at Hunton Employment & Labor Perspectives