Idaho Legislative Update

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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,

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

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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,

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5th Circuit Reverses NLRB’s Charges Surrounding a Decertification Election

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On February 28, 2013, the 5th Circuit Court of Appeals completely reversed the National Labor Relations Board in Arkema, Inc., 16-CA-26371.  The following is excerpted from the Board’s summary of the case:

This case arises out of an August 2008 decertification election at a Houston-area chemical manufacturing plant, which the union lost 18-17.  The Board found four violations of the Act, but the Court reversed each one.  

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