News & Analysis as of

Employer Liability Issues Job Promotions

Mitratech Holdings, Inc

AI in HR: Navigating the Legal Landscape and Ensuring Fairness in Employee Selection

Artificial intelligence (AI) continues to revolutionize many industries, and the employment space is no exception. According to the Society for Human Resource Management (SHRM), almost one in four organizations utilize...more

Butler Snow LLP

Fifth Circuit Expands the Scope of Federal Antidiscrimination Laws

Butler Snow LLP on

On August 18, 2023, the full Fifth Circuit Court of Appeals expanded the range of negative employer actions that can serve as a basis for an employment discrimination lawsuit. This decision overruled established precedent...more

Sheppard Mullin Richter & Hampton LLP

Fifth Circuit Upends 30 Years of Title VII Precedent, Making it Easier for Employees to Bring Discrimination Claims

Last week, the Fifth Circuit Court of Appeals upended longstanding, employer-friendly precedent in cases brought under Title VII of the Civil Rights Act. For decades, an employment discrimination plaintiff in the Fifth...more

Epstein Becker & Green

Colorado Employers’ Pay Transparency Obligations Are Changing in 2024

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Governor Jared Polis recently signed into law legislation (SB 23-105 or the “Amendments”) that will soon change Colorado employers’ disclosure and notice requirements under the state’s Equal Pay for Equal Work Act (“Act”)....more

Spilman Thomas & Battle, PLLC

Performance Evaluations: Training Managers Is Key

Employee performance is always rated in one manner or another. Best practice is to rate this performance through known, objective processes. In the context of the employment relationship, performance evaluations are an...more

Foley Hoag LLP

New York Will Require Employers to Disclose Salary Ranges for All Advertised Jobs and Promotions

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On December 21, 2022, New York Governor Kathy Hochul signed a statewide pay transparency measure into law. The new law, which goes into effect on September 18, 2023, requires covered employers and employment agencies to list...more

Polsinelli

New York State Requires Salary and Wage Ranges to be Listed in Job Advertisements

Polsinelli on

Following New York City’s enactment of a pay transparency ordinance on November 1, 2022, New York State has enacted a similar requirement for employers to list a range of compensation in advertisements for job, promotion, or...more

Cole Schotz

Westchester County’s New Wage Transparency Law Now in Effect

Cole Schotz on

Effective November 6, 2022, a new wage transparency law, amending the Westchester County Human Rights Law, prohibits employers from advertising a job, promotion, or transfer opportunity without also including the minimum or...more

Sheppard Mullin Richter & Hampton LLP

New York City Set To Regulate Employment Decisions Made By AI

Beginning January 1, 2023, New York City will restrict employers from using artificial intelligence to make employment decisions unless they follow certain guidelines. The local law applies to employment decisions made...more

Perkins Coie

April Tip of the Month: New York City to Restrict Use of AI in Employment Related Decisions

Perkins Coie on

Effective January 1, 2023, employers with New York City employees will be restricted in their use of artificial intelligence (AI) tools in recruiting and hiring employees and making other employment-related decisions....more

Faegre Drinker Biddle & Reath LLP

NYC Releases Fact Sheet on Salary Transparency Requirements in Job, Transfer and Promotion Advertisements – While the City Council...

Employers face new challenges in navigating state and local pay equity laws. New York City joins a number of other jurisdictions that now require employers to disclose pay ranges when advertising job postings – including for...more

Epstein Becker & Green

#WorkforceWednesday: EEOC COVID-19 Charges Surge, NYC’s Pay Transparency Law, SCOTUS Considers PAGA - Employment Law This Week®

This week, we look at compliance and enforcement developments at the federal level and in the specific jurisdictions of New York City and California. EEOC Reports Surge of COVID-19-Related Charges On the heels of the Equal...more

Goodwin

New York City Issues Guidance on Required Salary Disclosures in Job Postings

Goodwin on

New York City employers be aware: A new “NYC Salary Disclosure Law” will soon require employers to include a good faith salary range for every job, promotion, or transfer opportunity advertised. While the NYC Salary...more

Akerman LLP - HR Defense

A Cautionary Tale for Recruiters

Unprecedented levels of employee attrition and turnover are forcing employers to pull out all the stops in attracting—and retaining—top talent. Hiring bonuses, relocation pay, and wellness benefits are quickly becoming the...more

Epstein Becker & Green

New York City Regulates Workplace Artificial Intelligence Recruitment and Selection Tools

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Joining Illinois and Maryland, on November 10, 2021, the New York City Council approved a measure, Int. 1894-2020A (the “Bill”), to regulate employers’ use of “automated employment decision tools” with the aim of curbing...more

Cole Schotz

Amendments to the New Jersey Law Against Discrimination Expand Employment Protections Against Age Discrimination

Cole Schotz on

On October 5, 2021, Governor Phil Murphy signed A-681 thereby amending the New Jersey Law Against Discrimination (“LAD”) to provide new protections against age discrimination for applicants and employees over the age of 70...more

Greenbaum, Rowe, Smith & Davis LLP

New Jersey Expands Law Against Discrimination to Address Age Discrimination

What You Should Know: •New Jersey’s Law Against Discrimination (NJLAD) has been expanded to address age discrimination against employees •New Jersey government or state employers no longer have the authority to enforce...more

Cooley LLP

Alert: Colorado Department of Labor and Employment Clarifies Job and Promotion Posting Requirements

Cooley LLP on

Colorado’s Equal Pay for Equal Work Act (EPEWA) and the accompanying Colorado Equal Pay Transparency (EPT) Rules took effect on January 1, 2021. As discussed in a previous Cooley alert, the EPT Rules impose various job and...more

Seyfarth Shaw LLP

FEHA Promotion Claims Accrue Upon Knowledge Of Denial, And Defendants Get Costs Only If Suit Was Groundless

Seyfarth Shaw LLP on

Seyfarth Synopsis: Failure to promote claims brought under the Fair Employment and Housing Act accrue when the adversely affected employee knows, or reasonably should know, of the employer’s unlawful refusal to promote; and...more

Fisher Phillips

Top 12 Things Employers Need to Know About the Colorado Equal Pay for Equal Work Act

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Colorado’s Equal Pay for Equal Work Act became effective at the beginning of 2021, but employers across the state continue to have questions about the scope of the new law. While the Colorado Department of Labor and...more

DirectEmployers Association

[Webinar] The New Frontier: Explaining Pay Data Information Requirements for Promotions & Hires Under the Colorado Equal Pay for...

New state legislative action has birthed a new frontier for employers in the region. Following up on our webinar in December regarding the new pay data transparency publication requirements for listings and postings in...more

Husch Blackwell LLP

UPDATED | FAQs: Colorado's Equal Pay Rules For Job Posting And Pay Transparency

Husch Blackwell LLP on

Colorado’s Equal Pay for Equal Work Act (EPEWA) goes into effect January 1, 2021, and the Division of Labor Standards and Statistics within the Colorado Department of Labor and Employment adopted final regulations on November...more

Constangy, Brooks, Smith & Prophete, LLP

Colorado’s New Equal Pay Law Will Take Effect January 1. Are You Ready?

The Colorado Equal Pay for Equal Work Act, and the Equal Pay Transparency Rules issued by the state Department of Labor and Employment, will both take effect on January 1. Equal pay provisions- The Equal Pay for Equal...more

Proskauer - California Employment Law

Racial Discrimination/Sexual Harassment Case Was Properly Dismissed On Summary Judgment

Ducksworth v. Tri-Modal Distrib. Servs., 47 Cal. App. 5th 532 (2020) - Bonnie Ducksworth and Pamela Pollock are customer service representatives at Tri-Modal Distribution Services who alleged a failure to promote based...more

Epstein Becker & Green

California Court of Appeals Finds Uninvolved Joint Employers Are Innocent Bystanders, Cannot Be Held Liable for Harassment and...

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On April 7, 2020, the California Court of Appeals (the “Court”) upheld summary judgment for two professional employer organizations (referred to in the decision as a “staffing agencies”) accused of harassment and...more

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