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Is Use Of Salary History Inherently Discriminatory?

One court says yes, but it's complicated. How quickly things change. Last week, I was all mellow about the gender pay gap. Then, on Monday, the U.S. Court of Appeals for the Ninth Circuit issued its decision in Rizo v....more

The Gender Pay Gap Is Smaller Than You Think.

Career interruptions negatively affect pay. Who knew? It's spring, and so it's time for my annual rant against media coverage and political pronouncements about the "gender pay gap....more

"This Week In Employment Law" Quiz!

Are you in the know? Yeah, I'm sorry. I should have an in-depth, incisive legal analysis of the Sixth Circuit panel decision in EEOC v. R.G. and G.R. Harris Funeral Homes, Inc. That was my plan, and I promise that I will...more

The Latest Workplace Problem: Workers With Too Little To Do

Killin' time with Snapchat and Candy Crush during working hours. Ed Zwim of the New York Post reports on a study showing that employees who don't have enough work to do is becoming a big problem:- "Idle time in fact...more

EEO-1 Reports For 2017 Are Now Being Accepted!

Employers have until March 31. No comp data required. The Equal Employment Opportunity Commission announced yesterday that its web portal for submission of 2017 EEO-1 Reports is now open and accepting...more

Catching Up: New NLRB Chair, Starting Over, New Minimum Wages

I hope everyone's holidays were happy. While I was out . . . Marvin Kaplan is chairman of National Labor Relations Board. President Trump appointed Mr. Kaplan to become chairman, replacing Philip Miscimarra, who left the...more

A Visit From St. Nick, Esq.

My apologies to Clement Clarke Moore. Happy holidays! ‘Twas the holiday party, a break from the drudge, Not a creature was sober, not even a judge; The bar was well-tended, with liquor and wine, And all the employees...more

10 Things For Which This Employment Lawyer Is Thankful In 2017

What are you grateful for this year? Here is my list.- 1. The actual end of the Obama Administration's overtime and "Fair Pay and Safe Workplaces" rules. I was thankful last year that these two rules were on their last...more

6 Ways Employers Sink Their Own Ships

It’s not always the employee’s fault when things go bad for an employer. Sometimes the employer has no one to blame but itself. Here are six of the most common ways employers sink their own ships....more

BREAKING: It’s Over! USDOL’s Overtime Appeal Is Dismissed

Yesterday, the U.S. Court of Appeals for the Fifth Circuit granted the unopposed motion of the U.S. Department of Labor to dismiss as moot the appeal in the “overtime case” of Nevada v. U.S. Department of Labor. The Fifth...more

Cheryl Stanton Nominated For Wage Hour Administrator

Bloomberg BNA reported Friday evening that President Trump has nominated Cheryl Stanton of South Carolina as Administrator of the Wage Hour Division of the U.S. Department of Labor. Ms. Stanton is currently executive director...more

BREAKING: Obama OverTime Rule Is Struck Down

I’m reading the decision as we speak, and we’ll be back soon with analysis from our Wage and Hour gurus, Jim Coleman and Ellen Kearns. But meanwhile, here is the Opinion and Order from U.S. District Court Judge Amos Mazzant,...more

EEO-1 “Pay Data” Requirement Is On Hold

As we have reported previously, the Equal Employment Opportunity Commission was going to require employers of 100 or more employees (and federal contractors with 50 or more employees) to include compensation data with their...more

BREAKING: EEO-1 “Pay Survey” Reporting Deadline Suspended

This just in, from Randel Johnson, Vice President of Labor, Immigration, and Employee Benefits at the U.S. Chamber of Commerce: Members of the Chamber’s Labor Relations and Employee Benefits Committees:- We have just...more

NC “Employee Classification” Law Warrants Caution But Doesn’t Change Substantive Law

On August 11, Gov. Roy Cooper signed into law the North Carolina Employee Fair Classification Act. The portion of the legislation that deals with worker classifications will take effect December 31....more

DOL Asks For Feedback On Salary Levels In Overtime Rule

The U.S. Department of Labor has issued its promised Request for Information on the salary levels in the Obama Administration’s overtime rule. The RFI was published in yesterday’s Federal Register. Comments are being accepted...more

Well, That’s Weird. Trump DOL Will Pursue Appeal Of Overtime Decision

The U.S. Department of Labor submitted its brief today in Nevada v. U.S. Department of Labor, the case involving the challenge to the Obama Administration’s overtime rule. Some very quick background: The overtime rule,...more

Litigation Tactics Can Be FLSA Retaliation? Wow.

Can an outside attorney defending an employer in a lawsuit under the Fair Labor Standards Act be liable for retaliation against the plaintiff-employee based on litigation tactics? One court answered that question “yes” last...more

It’s SUMMER! Top 4 Ways Employers Can Get Burned

We officially entered the season of summer this week. What are the most common ways employers can get burned? I can think of four right off the bat. Sexist air conditioning. It seems like a long time since we’ve read...more

In Honor Of Father’s Day, A Look At Paid Parental Leave

Happy Father’s Day to all of our readers who are dads, who have dads, or who love one or more dads. As most of our readers know, there has been a movement — for which most of the credit goes to Ivanka Trump — to get some...more

Satanic Band Is The Diet Coke Of Evil, Employment Lawsuit Shows

Just one calorie – not evil enough. Satanic heavy-metal band Ghost is at risk of having its “evil mystique” ruined by some mundane employment-related disputes with former members of the band, according to an article in The...more

Killjoys Reject One-Hour “Sex Break” Proposal

The town council of Overtornea, Sweden, recently rejected a proposal to give workers one-hour paid sex breaks. According to The New York Times, the council member who made the proposal believed it would help raise the town’s...more

Comp Time Bill Passes The House

The Working Families Flexibility Act of 2017 passed the House this week, 229-197. I honestly do not understand why Democrats are opposed to this legislation. I discussed the details of the bill in this post in April....more

6 Timekeeping Practices That Reduce Your Risk Of Wage-Hour Liability

Last week, I wrote about a study describing how certain timekeeping systems could create wage and hour liability through, among other things, making it easy to “cheat” and providing no transparency when changes are made....more

Is Your Timekeeping System Creating Wage-Hour Liability?

Does your timekeeping software make it harder for you to comply with wage and hour laws — and to defend yourself in a wage and hour lawsuit? A study recently published in the Yale Journal of Law and Technology says that...more

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