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Catching Up with the Times: DOL Issues Final Rule Simplifying Retail Exemption Under the FLSA

As we recently reported, the DOL promulgated three new final rules regarding wage and hour issues last month. One of these rules brings a much-needed dose of clarity for certain employers on an unusually thorny issue: what...more

California Executive Order Allows Businesses To Assert An “Unforeseeable Business Circumstances” Exception to California WARN Act...

California maintains its own “mini” WARN Act, Labor Code section 1400, et seq., which requires employers with 75 or more employees to give 60 days’ notice prior to mass layoffs, substantial relocations, or termination of...more

New Guidance Available for New York Employers About the Recent Salary History Ban

The New York State Department of Labor has created a website to provide guidance on the state’s recent Salary History Ban. We previously reported on the state’s Salary History Ban in detail here after it was passed by the New...more

Legislative Update: Illinois is the Latest State to Join Nationwide Trend of Salary History Ban Laws

Orrick’s Equal Pay Pulse has been tracking the nationwide wave of salary history bans in recent years. A growing number of states and territories now have laws restricting the use of salary history information, including...more

Pick Your Procedure: EEOC Launches Parallel Gender Discrimination Pay Suits Under Different Statutes

The EEOC has been no stranger to headlines in recent months, particularly on the issue of equal pay. As we recently reported, the EEOC’s long-dormant pay data collection rule, revived by the D.C. District Court in March, has...more

Legislative Update: States Continue to Update and Refine Their Pay Equity Laws

2019 is not even two months old and already there are significant developments in equal pay legislation. As we explained recently, there is proposed federal legislation that reignites the battle to pass the “Paycheck Fairness...more

Is It Safe To Wade Into The “Safe Harbor” Waters In Recent Pay Laws?

A growing number of state and local governments have passed equal pay laws in recent years. These statutes and ordinances have varied in their specific content and have created a patchwork of legal requirements vexing...more

Get it on the Calendar: Employees’ Sabbath Work Claims Survive, but Tenth Circuit Rejects Broad “Complete” or “Total” Theories of...

The Tenth Circuit Court of Appeals recently reversed a decision by the U.S. District Court for the District of Utah granting summary judgment in favor of Kellogg USA in a case involving an alleged failure to accommodate...more

EEOC Warning: Confidentiality Provisions of Settlement Agreements Cannot Restrict An Employee’s Right To File EEOC Charges

The flurry of high-profile harassment allegations across various industries has drawn the public’s attention to the issue of sexual harassment over the past several months. Unsurprisingly, it has also resulted in increased...more

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