1.1 The Basics
The formation of the employment contract is generally subject to the same requirements as any other contract. There must be an offer and an acceptance (either oral or in writing), an intention to enter into...more
As COVID-19 vaccination programs gain speed across the country, and employers consider long-term reopening plans, the Equal Employment Opportunity Commission (EEOC) has announced that starting April 26, 2021, it will begin...more
With the Georgia Senate race and control of the Senate hanging in the balance, a Biden Administration’s ability to enact new employment-related legislation is questionable. However, with the stroke of a pen, a Biden...more
For nearly five years, major U.S. corporations have been subject to intense scrutiny over their decisions on whether to release internal pay gap percentages in response to shareholder proposals by Arjuna Capital, LLC and...more
7/29/2019
/ Compensation & Benefits ,
Disclosure Requirements ,
Employer Liability Issues ,
Equal Pay ,
Executive Compensation ,
Gender-Based Pay Discrimination ,
No-Action Letters ,
Pay Equity Laws ,
Pay Gap ,
Securities and Exchange Commission (SEC) ,
Shareholder Activism ,
Wage and Hour
On April 29, 2019, the U.S. Department of Labor (“DOL”) issued an opinion letterfinding that “on-demand” service providers working for a virtual marketplace company are independent contractors under the Fair Labor Standards...more
The world of professional sports has long grappled with criticism of the stark pay differences between male and female athletes – think Billie Jean King’s “equal pay for equal play” push. ...more
4/2/2019
/ Athletes ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Pay Discrimination ,
Pay Equity Laws ,
Pay Gap ,
Sports ,
Wage and Hour
The California Pay Equity Task Force recently published guidance and approved resources for employer compliance with the state’s equal-pay laws. ...more
9/24/2018
/ Compensation & Benefits ,
Employer Liability Issues ,
Equal Pay ,
Fair Pay Act ,
Gender Equity ,
Gender-Based Pay Discrimination ,
New Guidance ,
Pay Equity Laws ,
Pay Gap ,
Sex Discrimination ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Last week, the Financial Industry Regulatory Authority (“FINRA”) filed its first disciplinary action involving cryptocurrencies, conforming with its stated 2018 goal of monitoring and supervising the largely unregulated...more
Every Chinese investor not only needs to be aware of cultural differences when considering investing in Germany, but also has to have a basic understanding of legal issues.
German employment law provides for a good level...more
1. Mandatory reporting under the methodology required by the government indicates some large pay gaps. What does that mean?
As of 17 April 2018, 10,364 employers had published their gender pay gap figures. What have we...more
Last year, we covered a Ninth Circuit panel decision which concluded that an employer may rely on prior salary information as an affirmative defense to claims under the federal Equal Pay Act (“EPA”) if “it show[s] that the...more
In a trend that is gaining steam across the country, multiple cities and states have, or are considering adopting, laws that impose conditions and penalties on employer scheduling practices, otherwise known as “scheduling...more
As schools across the country prepare for summer break, the Ninth Circuit overturned a lower court decision against the Fresno County public school district which had found that its pay practices were unlawful. Notably, the...more
The United States Senate is slated to consider Andrew (Andy) Puzder, CEO of CKE Restaurants, as the next Secretary of Labor (“DOL”). Although his confirmation hearing which was set for February 7, 2017 has been delayed...more
In February this year, draft gender pay gap reporting regulations were published and we were all invited to comment. There then followed an extended period of being 'on hold' listening to elevator music, while we waited for...more
On December 1, 2016, the date that the Department of Labor regulations were set to become effective, the government filed a notice of appeal of the November 22, 2016 the United States District Court for the Eastern District...more
In 2015, the Department of Labor (“DOL”) proposed substantial changes to the minimum salary level requirements, sought input on whether bonuses and incentives should be included in meeting the salary level test and considered...more
On March 16, the Equal Employment Opportunity Commission heard testimony from a variety of advocacy groups, academics and employer representatives on with regard to its proposed revisions to the EEO-1 adding W-2 pay data....more
Following months of waiting the UK Government has finally published its draft regulations on the new “gender pay gap reporting” requirements in the UK. On publication of the draft regulations, the UK Government has asked one...more
In Morton v. Vanderbilt Univ., 2016 WL 52439 (6th Cir. Jan. 5, 2016), the Sixth Circuit recently held that, for purposes of the Worker Adjustment and Retraining Notification Act (“WARN Act”), employment does not end at notice...more
As reported by us in recent blog articles (Do as I Say, Not as I Do: Differences in Duties Means No Commonality, No Class Certification for Unpaid Interns and The High Cost of Hiring Unpaid Interns), employment issues...more