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Massachusetts Implements New Pay Transparency Law

Following a wave of pay transparency laws in other states, the Massachusetts recently implemented a law requiring employers with at least 25 employees in the Commonwealth to disclose salary ranges in job postings. The law...more

Rhode Island Enacts Pay Equity Safe Harbor

We previously reported that several states have enacted safe harbors for employers who proactively audit their pay practices and remediate any observed equal pay violations. Now Rhode Island has joined the fray....more

The State of Pay Transparency Laws

Pay transparency laws are popping up across the country, forcing employers to comply with a patchwork of new, untested regulations. One aspect of these new laws that has caused employers to stumble is the requirement that job...more

Covered Employers in Illinois and California Must Soon Report Their Pay Equity Data to the State

ILLINOIS - Who is a covered employer? For purposes of the new requirement to report pay data to the Illinois Secretary of State, covered employers are Illinois corporations or foreign corporations authorized to...more

Under the California Equal Pay Act, Incentive Programs Create Disparities

The California Equal Pay Act (CEPA) recognizes a few exceptions to the general bar on pay differentials between genders: a seniority system, a merit system, a system that measures earnings by quantity or quality of...more

COVID-19 Creates Additional Risk of Gender-Based Imbalance

Much has already been said about the impact COVID-19 has had on the American workplace. Employers, in particular, are by now all too familiar with nuances of the FFCRA, conducting business through Zoom, and accommodating...more

California Limits Wage Statements to California Employees

The California Supreme Court issued an important pair of decisions today clarifying that California-compliant wage statements need to be provided only to workers who perform the majority of their work in California, or who...more

Employers: Watch Out for ERISA Lawsuits During Pandemic

ERISA lawsuits typically grow in numbers whenever there is an economic downturn. Though COVID-19’s financial impact is still unfolding, employer-sponsored employee-stock ownership plans (ESOPs) and the employers themselves...more

California Employers: CA Supreme Court Takes Aim at Wage Laws, Contradicts Federal Law

California wage laws have taken another alarming departure from federal standards. The highest state court recently held in Frlekin v. Apple that non-exempt employees must be paid for the time their bags and personal...more

Simplistic Pay Equity Analyses Do More Harm Than Good

In recent years, some investors have grown increasingly vocal about pay equity issues, with a few investor funds calling on companies to publish compensation data by gender. One of the most notable examples of this phenomenon...more

EEOC Finds Age-Restricted Advertisements Violate ADEA

Approximately two years ago, a number of employers received charges of discrimination alleging that they discriminated against applicants by restricting the recipients of employment advertisements on Facebook. The EEOC just...more

Ninth Circuit Applies Dynamex Retroactively

On Thursday, May 2, the Ninth Circuit issued a significant decision holding that the California Supreme Court’s recent Dynamex ruling applies retroactively. Recall that in Dynamex, California’s highest court rejected a...more

Employers Should Immediately Review Recruitment Ad Practices Due to Facebook Class Litigation

A little over a year ago, three major employers—T-Mobile, Amazon, and Cox Communications—were sued for allegedly discriminating on the basis of age in the way they recruited new employees via Facebook. The plaintiffs’ lawyers...more

What’s Next for Employers After Epic Decision

The U.S. Supreme Court gave a huge win to employers on May 21, 2018, in its much-anticipated decision in Epic Systems Corp. v. Lewis, upholding the validity of arbitration agreements that require employees to arbitrate claims...more

Did the California Supreme Court Instantly Poison the Gig Economy?

On April 30, 2018, the California Supreme Court issued a ruling in Dynamex Operations West, Inc. v Superior Court that will make classification of workers more complex and threaten the gig economy business model. The Court...more

Compliance Lessons From Uber: Takeaways for Tech Startups

While the media has widely covered the resignation of Uber’s CEO Travis Kalanick, it has largely ignored important lessons that tech startups can draw from Uber’s experience. In fact, the series of events leading up to...more

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