A newly enacted Massachusetts law—effective July 1, 2025—will require employers with 25 or more employees in the Commonwealth to disclose pay range information in job postings and, in certain circumstances, provide current...more
9/4/2024
/ Anti-Discrimination Policies ,
Anti-Retaliation Provisions ,
Compliance ,
Disclosure Requirements ,
EEO ,
EEO-1 ,
Enforcement ,
Good Faith ,
Job Ads ,
Pay Transparency ,
Policies and Procedures ,
Reporting Requirements
As we previously reported here, effective January 1, 2024, Colorado’s Equal Pay for Equal Work Act (the “Act”) was amended to impose new, administratively burdensome job opportunity, post-selection, and career progression...more
As we previously reported here, in 2019 Colorado passed a pay transparency law requiring employers to (1) disclose in their job postings the pay ranges and benefits for their Colorado jobs, and (2) make information about...more
As we posted about previously, in September 2022, California passed significant expansions of its pay transparency and pay data reporting laws, but many key questions about the law’s scope and application remained unclear....more
Starting January 1, 2023, California employers will need to comply with expanded pay transparency obligations. And, starting May 10, 2023 (and annually thereafter), they will need to make changes to their annual California...more
A recent amendment to Washington law will require employers to disclose information about pay and other benefits in postings for jobs in the state. This new affirmative disclosure requirement, which applies to employers with...more
Over the last few years, employers across the United States have become accustomed to dealing with a patchwork of state pay equity requirements, including some that give employees the right to request and openly discuss and...more
Effective October 1, 2021, Connecticut employers will face a host of new pay transparency obligations. In addition, they will need to analyze—and defend—pay difference under a new, more expansive framework.
With respect...more
Many states across the country have adopted new or revised equal pay laws in an effort to address pay inequities in the workplace. Illinois joined that list with March 22, 2021 amendments to the Illinois Equal Pay Act of 2003...more
Employers that provided EEO-1 Component Two pay data to the Equal Employment Opportunity Commission (EEOC), or are currently preparing to provide data to the California Department of Fair Employment and Housing (DFEH) as part...more
3/3/2021
/ Civil Rights Act ,
DFEH ,
EEO-1 ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Gender-Based Pay Discrimination ,
OFCCP ,
Pay Data ,
Pay Discrimination ,
Reporting Requirements ,
Title VII
Minneapolis employers in the hospitality industry will likely soon have to contend with a new set of worker protection laws. The Minneapolis City Council is currently considering a citywide Hospitality Worker Right to Recall...more
On Tuesday, June 3, 2020, the Minnesota Supreme Court issued its long-awaited decision in Kenneh vs. Homeward Bound, Inc., upholding the “severe or pervasive” standard applied to sexual harassment claims due to hostile work...more
Since shelter-in-place and self-isolation orders have become the norm around the country, more employers are utilizing video interview tools in lieu of interviewing candidates in person. These tools allow HR and hiring teams...more
New York City is considering proposed legislation that would regulate the use of artificial intelligence in hiring.
If passed, the new law would (effective January 1, 2022) require that, in order to sell an “automated...more
3/6/2020
/ Anti-Discrimination Policies ,
Artificial Intelligence ,
Corporate Counsel ,
Employer Liability Issues ,
Hiring & Firing ,
Human Resources Professionals ,
Interviews ,
Job Applicants ,
Notice Requirements ,
Proposed Legislation ,
State Labor Laws
The rising tide of state pay equity legislation shows no sign of abating, with several new laws set to become effective in 2020 and 2021. Many of these laws differ from the federal Equal Pay Act by defining comparable work...more
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
The Illinois legislature passed a bill on May 29, 2019, that would limit employers’ ability to use artificial intelligence (AI) in hiring. It seems likely that Governor Pritzker will sign it, since it passed unanimously in...more
Plaintiffs’ wage-and-hour class action lawyers are constantly looking for new groups of employees whom they can claim are inappropriately classified as exempt. In previous decades, plaintiffs’ lawyers focused on mortgage...more
Wage-and-hour class litigation tends to come in waves. In 2019, we are seeing another wave gather on the horizon: misclassification collective actions alleging that companies have improperly classified at-the-elbow (“ATE”)...more
5/21/2019
/ Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Defense Strategies ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Indemnification ,
Independent Contractors ,
Limited Liability Company (LLC) ,
Misclassification ,
Non-Compete Agreements ,
Third-Party Service Provider ,
Wage and Hour
The 7th Circuit Court of Appeals ruled on January 23, 2019, that assertions of age discrimination arising from facially neutral hiring policies can be brought only by a company’s employees, not by job applicants. In Kleber v....more
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
1/21/2019
/ Age Discrimination ,
Amazon ,
Class Action ,
Communication Workers of America ,
Cox Communications ,
Employer Liability Issues ,
Employment Litigation ,
Facebook ,
Hiring & Firing ,
Job Ads ,
Online Advertisements ,
Recruitment Policies ,
Social Networks ,
T-Mobile