Some employers have a practice of periodically conducting statistical analyses of employee compensation, under attorney-client privilege, to identify potential areas of risk related to pay equity concerns. These analyses are...more
2/9/2022
/ Attorney-Client Privilege ,
Disparate Treatment ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Mergers ,
National Origin ,
National Origin Discrimination ,
Pay Discrimination ,
Pay Equity Laws ,
Pay Gap ,
Race Discrimination ,
Racial Bias ,
Statistical Analysis ,
Wage and Hour
This month marks the 55th anniversary of the Civil Rights Act of 1964. This monumental legislation, which was signed into law by President Lyndon B. Johnson on July 2, 1964, changed the course of history with its sweeping ban...more
7/16/2019
/ Department of Labor (DOL) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Labor Regulations ,
LGBTQ ,
New Legislation ,
Quorum ,
Reasonable Accommodation ,
Regulatory Agenda ,
Reporting Requirements ,
Salary/Wage History ,
Service Animals ,
State and Local Government ,
State Labor Laws ,
USCIS ,
Wage and Hour
The trend of increased legislation, regulation, and corporate initiatives focused on identifying and correcting pay disparities in the workplace has continued to grow. In this episode, Liz Washko discusses recent developments...more
6/26/2019
/ Attorney-Client Privilege ,
Audits ,
Civil Rights Act ,
Compensation & Benefits ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
Pay Discrimination ,
Pay Equity Laws ,
Policies and Procedures ,
Title VII ,
Wage and Hour
The Ninth Circuit Court of Appeals recently released its opinion in Rizo v. Yovino, No. 16-15372 (April 9, 2018). In this high-profile case, the court held that “prior salary alone or in combination with other factors cannot...more
Pay equity legislation is burgeoning: in 2017, several jurisdictions - including Albany, New York City, California, San Francisco, Massachusetts, Delaware, Philadelphia and Oregon - approved bans on salary history inquiries....more
4/10/2018
/ Employer Liability Issues ,
Employment Policies ,
Equal Pay ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
Pay Equity Laws ,
Salary/Wage History ,
Wage and Hour
In 2017, a number of cases were filed in federal court in various states by female doctors claiming their employers paid them less than allegedly comparable male doctors. At least one of these cases was conditionally...more
With so many stories in the news of very high-level, high-profile men being accused of sexual harassment, many employers are rightfully concerned about whether they may be at risk of similar claims. While these stories have...more
As employers are learning about the many trends and changes that are bringing pay equity issues to the fore, they are asking questions regarding what they can do to protect themselves from potential liability. This article...more
A healthcare employer’s primary mission is to provide appropriate medical care and treatment to patients. In order to provide such care, healthcare companies rely on the steady and committed presence of competent, licensed...more
Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against applicants and employees based on their religion, and requires employers to provide a reasonable accommodation of employees’ sincerely...more
With a proliferation of recent legislative changes and proposed regulatory changes, pay equity is going to be an issue for which employers need to prepare and face head on. Generally speaking, employers may be at risk for pay...more
As we have previously reported, the U.S. Department of Labor’s (DOL) proposed amendments to the Fair Labor Standards Act (FLSA), specifically as to the criteria for the Part 541 “white collar” exemptions, are projected to...more
The Fair Labor Standards Act (FLSA) does not prohibit employers from requiring employees to follow a particular dress code or wear a designated uniform. However, it does prohibit employers from requiring employees to pay for...more
It is well-established that employees are responsible for a vast amount of inventory theft—or shrink—that retail employers experience on a daily basis. Recognizing this fact, retail employers utilize various loss prevention...more
Many employers in the hospitality industry employ individuals who receive customer tips or gratuities in the ordinary course of their work day. These tips may serve as an offset against an employer’s minimum wage obligations...more