Many companies find themselves in the position of voluntarily sharing some of their most sensitive data and other confidential information with state and local governments. For example, this type of information-sharing may...more
In 2021, employers had to grapple with a host of new pay transparency requirements across the country, which we previously outlined here. While most of these concern requirements to provide salary range information to...more
This month, OFCCP officially rescinded a Notice from nearly two years ago, which stated that it would not “request, accept, or use Component 2 data” that the EEOC collected with the 2017 and 2018 EEO-1 reports....more
9/17/2021
/ Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Federal Contractors ,
Labor Reform ,
Labor Regulations ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Oversight ,
Regulatory Requirements ,
Reporting Requirements ,
Wage and Hour
While new pay data reporting requirements in California and Illinois have grabbed pay equity headlines, we are seeing a ground swell in another type of pay transparency requirements: mandatory pay disclosures to applicants,...more
California’s Department of Fair Employment and Housing (“DFEH”) has issued new guidance on the pay data reporting law enacted in September that established at the state level the equivalent of the EEOC’s discontinued EEO-1...more
Oregon employers should take note of new state Occupational Health & Safety Administration (“OR OSHA”) standards that are likely to take effect soon. On September 25, 2020, OR OSHA’s Infectious Disease Rulemaking Advisory...more
On September 9, 2020 Governor Newsom signed AB 1867 into law, giving California employers just 10 days to implement new COVID-19 Supplemental Paid Sick Leave statewide. Below we highlight the major provisions of the new law...more
The federal Equal Pay Act (EPA) and its many state analogs require equal pay for equal (or, in some states, “substantially similar”) work. The EPA contains a so-called “catch-all” defense to equal pay claims, permitting wage...more
On March 6, 2020, U.S. Secretary of Labor Eugene Scalia published Secretary’s Order 01-2020, which is among the first of his management decisions since his confirmation back in September....more
In yet another development in the closely watched case of Rizo v. Yovino, the en banc Ninth Circuit ruled that employers may not defeat a plaintiff’s prima facie case under the Equal Pay Act (EPA) by arguing prior pay is a...more
In yet another development in the closely watched case of Rizo v. Yovino, the en banc Ninth Circuit ruled that employers may not defeat a plaintiff’s prima facie case under the Equal Pay Act (EPA) by arguing prior pay is a...more
3/5/2020
/ Appeals ,
Deceased ,
En Banc Review ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay Act ,
Judge Reinhardt ,
Judicial Review ,
Pay Discrimination ,
Precedential Opinion ,
Reversal ,
Salaried Employees ,
SCOTUS ,
Yovino v Rizo
Oregon employers looking to evaluate their pay equity picture in 2020 should be aware of a handful of updates to the state’s equal pay law that went into effect on January 1....more
1/9/2020
/ Collective Bargaining Agreements (CBA) ,
Employer Liability Issues ,
Equal Pay ,
Gender Discrimination ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Labor Regulations ,
Pay Equity Laws ,
Pay Gap ,
Pay Transparency ,
Safe Harbors ,
Sex Discrimination ,
State and Local Government ,
State Labor Laws ,
Unions ,
Wage and Hour ,
Wages
This year has seen states enact a litany of laws aimed at addressing pay equity issues, chief among them salary history bans. Mid-way through 2019, more and more states continue moving full speed ahead with legislation to bar...more
8/16/2019
/ Employer Liability Issues ,
Equal Pay ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On July 22, 2019, the Ninth Circuit withdrew its recent decision in Vazquez v. Jan-Pro Franchising International, Inc., and ordered that it would certify to the California Supreme Court the question of whether the worker...more
As readers of this blog know, pay equity laws and regulations are expanding rapidly in the U.S. at both the federal and local level, as well as internationally. ...more
5/9/2019
/ Collective Actions ,
Employer Liability Issues ,
Employment Litigation ,
Equal Pay ,
Gender Discrimination ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Pay Equity Laws ,
Pay Gap ,
Physicians ,
Sex Discrimination ,
Wage and Hour
The world of professional sports has long grappled with criticism of the stark pay differences between male and female athletes – think Billie Jean King’s “equal pay for equal play” push. ...more
4/2/2019
/ Athletes ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Pay Discrimination ,
Pay Equity Laws ,
Pay Gap ,
Sports ,
Wage and Hour
On February 18, 2019, the New York City Commission on Human Rights (NYCCHR) announced new enforcement guidance deeming certain actions taken based on an individual’s hair or hairstyle – whether at work, at school, or in...more
As we reported last month, the Oregon Bureau of Labor and Industries (BOLI) issued proposed regulations interpreting the provisions of the new Oregon Equal Pay Act of 2017, which will become effective January 1, 2019....more
On November 8, 2018, the Department of Labor published an Opinion Letter (FLSA2018-27) reissuing its January 16, 2009 guidance (Opinion Letter FLSA2009-23) and reversing the agency’s Obama-era position on the 20% tip credit...more
On October 11, the Tenth Circuit held that a failure-to-accommodate claim under the Americans with Disabilities Act (“ADA”) requires a showing of an adverse employment action, cementing a circuit split and making the issue...more
The Oregon Bureau of Labor and Industries (BOLI) has issued proposed regulations interpreting the provisions of the new Oregon Equal Pay Act of 2017, which will become effective January 1, 2019. ...more
11/6/2018
/ Employer Liability Issues ,
Equal Pay ,
Gender Discrimination ,
Gender-Based Pay Discrimination ,
LGBTQ ,
New Legislation ,
Pay Equity Laws ,
Proposed Regulation ,
Protected Class ,
State and Local Government ,
State Labor Laws ,
Transgender ,
Wage and Hour
On August 28, 2018, a judge in Los Angeles County Superior Court issued one of the first decisions – if not the first decision – on a motion to certify a putative class action under the state’s revised Equal Pay Act, Cal....more
9/28/2018
/ Anthem Blue Cross ,
Class Certification ,
Employer Liability Issues ,
Equal Pay ,
Equal Pay Act ,
Expert Testimony ,
FEHA ,
Gender-Based Pay Discrimination ,
Job Promotions ,
Pay Equity Laws ,
Pay Gap ,
Putative Class Actions ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On August 28, 2018, a judge in Los Angeles County Superior Court issued one of the first decisions – if not the first decision – on a motion to certify a putative class action under the state’s revised Equal Pay Act, Cal....more
Big Law is no stranger to providing advice on pay equity or defending pay equity lawsuits. But until recently, headlines generally featured lawsuits challenging the compensation practices of their clients, not the law firms...more
9/27/2018
/ Big Law ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay Act ,
Equity Compensation ,
Equity Partners ,
Gender Discrimination ,
Law Firm Partners ,
Law Practice Management ,
Pay Equity Laws ,
Sex Discrimination ,
Title VII
In a highly anticipated move, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued its new compensation directive on August 24, 2018. ...more