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Wage and Hour Disparate Impact

Fisher Phillips

The Employer’s Playbook for Managing Remote and Hybrid Workforces

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The rise of remote work has forced employers to tackle one challenge after another – and now the biggest challenge is effectively managing remote and hybrid workforces for the long term. When the pandemic hit, many employers...more

Husch Blackwell LLP

California Court Finds that HR Vendors Using Artificial Intelligence Can Be Liable for Discrimination Claims from Their Customers’...

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The Northern District of California issued an eagerly awaited decision last month in Mobley v. Workday, Inc., where a job applicant claims that Workday’s artificial intelligence (AI) job applicant screening tools violate...more

Fisher Phillips

New Jersey Schools Need to Reexamine Policies Barring Paid Work During Parental Leave After Game-Changing Administrative Finding

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State authorities recently found that a school district’s policy prohibiting employees from working paid extracurricular positions while on parental leave could violate state discrimination and family leave laws – and you may...more

Littler

Second Circuit Holds EPA “Factor Other Than Sex” Affirmative Defense Need Not Be Job-Related

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In Eisenhauer v. Culinary Institute of America, No. 21-2919-CV (2d Cir. Oct. 17, 2023), the U.S. Court of Appeals for the Second Circuit clarified that the federal Equal Pay Act (EPA) does not require employers to show that a...more

Morrison & Foerster LLP

Key Considerations for Navigating Workforce Reductions During Uncertain Economic Times

With a potential recession looming and a growing number of companies announcing significant layoffs almost daily, employers are increasingly considering reductions in force (RIFs) to weather the financial uncertainty in the...more

DCI Consulting

[Webinar] Expert Summit for Employment Attorneys: Measuring Disparities in Employment: A Primer on EEO Statistics - February 2nd,...

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Although statistical analyses are commonly used to determine disparities in such employment decisions as hiring and compensation, they can be difficult to comprehend. In this session, we will explain the basic principles of...more

Trusaic

Pay Gaps and Pay Disparities, What's the Difference?

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Given the worldwide attention on pay equity, the term pay gap is one you’ve undoubtedly heard by now. But what you may not be familiar with is the closely referenced term, pay disparity. ...more

Constangy, Brooks, Smith & Prophete, LLP

Second-guessing the advice columns: Workplace bathrooms!

Everybody's favorite subject. Last week, Karla Miller -- the workplace advice columnist of The Washington Post -- had a fascinating letter with this problem: The letter writer is the only female working on a floor with...more

Akerman LLP - HR Defense

Employers: Prepare Now for Recession-Based Layoffs

With many economic experts predicting that the U.S. will enter a recession in the near future, employers are preparing for the possibility of significant layoffs. Before making cuts, companies – especially those with remote...more

DirectEmployers Association

DE Under 3: Reversal of 2019 Enterprise Rent-a-Car Trial Decision; EEOC Commissioner Nominee Update; Overtime Listening Session

In this episode of DE Under 3, resident expert John Fox shares first-hand experience with the recent appellate court’s reversal of the 2019 Enterprise Rent-a-Car discrimination trial decision, and Candee shares updates on...more

DirectEmployers Association

OFCCP Week In Review: May 2022 #5

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

DirectEmployers Association

OFCCP Week In Review: April 2022 #4

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Bowditch & Dewey

Case Closed – University and Professor Reach Settlement After Four Years of Litigation

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In what might finally be the last chapter of a University of Oregon professor’s pay equity battle, the University and the now-retired professor, Jennifer Freyd, have settled Freyd’s case, with the University set to make a...more

Husch Blackwell LLP

Frequently Asked Questions Regarding Employer Vaccine Requirements

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Now that the federal Food and Drug Administration (FDA) has issued its formal approval of the Pfizer-BioNTech COVID-19 vaccine, many employers are beginning to implement vaccine requirements for employees. This article...more

K&L Gates LLP

Health Care Triage: OFCCP Enforcement in the Health Care Space

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Health Care partners Sarah Carlins and Jackie Hoffman interview Labor, Employment, and Workplace Safety partner Craig Leen in this episode of Triage, recorded in collaboration with our Working Wise podcast. As the former...more

Bowditch & Dewey

To the Jury? A Professor’s Pay Equity Battle Soldiers On

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In 2019, the United States District Court for the District of Oregon dismissed a lawsuit brought by Jennifer Freyd, professor of psychology at the University of Oregon, against the University and two University officials. In...more

Epstein Becker & Green

U.S. Supreme Court Lets Stand Ninth Circuit Ban on ‘Salary History’ Defense to an Equal Pay Act Claim

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In recent years, wage discrimination has been a hot topic and with it, the question of whether employers may rely on a worker’s salary history to justify a pay disparity between male and female employees. In a 2018 case...more

Spilman Thomas & Battle, PLLC

COVID-19 Litigation Trends, Issue 14

This 14th edition of Unprecedented, our weekly update on COVID-19-related litigation, showcases new and evolving trends. Employers are facing claims for both doing too much and too little in response to the COVID-19 pandemic....more

Littler

California Superior Court Grants Class Certification in Equal Pay Case

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On April 30, 2020, Judge V. Raymond Swope of San Mateo Superior Court granted plaintiffs’ motion for class certification in Jewett et al. v. Oracle America, Inc. In doing so, the court certified a class of more than 4,100...more

Dorsey & Whitney LLP

COVID-19 Retaliation Claims - A 2020 Trend in Employment Litigation?

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Tracking the onslaught of new lawsuits filed in response to the COVID-19 crisis has demonstrated that three primary categories of plaintiffs are bringing these claims against companies... ...more

Littler

Ninth Circuit Reaffirms Only Job-Related Factors Will Excuse Pay Disparity Under Federal EPA, Prior Salary Not Job-Related

Littler on

On February 27, 2020, the Ninth Circuit issued a long-anticipated decision in Rizo v. Yovino. Consistent with the Ninth Circuit’s original opinion issued in 2018, which was vacated on procedural grounds by the United States...more

Carlton Fields

Who Me? Couldn’t Be: Eleventh Circuit Finds Plaintiffs Lack Standing to Sue Ala. Attorney General in Equal Protection Lawsuit

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Plaintiffs often select a state’s Attorney General, the official who ordinarily exercises power to enforce state laws, as the defendant to sue in cases involving a constitutional challenge to a state law....more

Jackson Lewis P.C.

Class Action Trends Report Fall 2019

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Our quarterly report takes a look back at the most significant class action developments over the last year, including litigation trends, court decisions, and legislative and regulatory changes that are certain to invite...more

Proskauer - Law and the Workplace

New York State Poised to Expand Protections Against Discriminatory Pay Practices

Currently, the New York Equal Pay Act provides that no employee shall be paid at a lesser wage rate than an employee of the opposite sex in the same establishment for equal work on a job requiring equal skill, effort and...more

Obermayer Rebmann Maxwell & Hippel LLP

Welcome to the Machine(s): Can AI Save Employers From Discrimination or Retaliation Allegations?

Employees who claim that they were discriminated against or retaliated against by their employer typically must prove that the employer was substantially motivated by their membership in a protected class (such as race,...more

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