News & Analysis as of

Disparate Treatment Wage and Hour

Ogletree, Deakins, Nash, Smoak & Stewart,...

Eleventh Circuit Holds That Military Leave Is Comparable to Paid Administrative Leave Under USERRA

On June 8, 2023, the U.S. Court of Appeals for the Eleventh Circuit held in Myrick v. City of Hoover, Alabama that military leave is comparable to paid administrative leave under the Uniformed Services Employment and...more

Husch Blackwell LLP

Best Practices for Navigating Legal & Political Guardrails Impacting Employer DEIA Efforts

Husch Blackwell LLP on

Many companies have invested in and prioritized diversity, equity, inclusion, and accessibility (DEIA) initiatives over the past several years. And for good reason: DEIA initiatives have been proven to improve employee...more

DCI Consulting

[Webinar] Expert Summit for Employment Attorneys: Utilizing Regression Analyses in Pay and Hiring Matters - February 7th, 2:00 pm...

DCI Consulting on

Regression is a statistical technique that can be utilized in the analysis of employment outcomes. In particular, regression has become a widely applied tool to examine pay equity and can be used to evaluate race and gender...more

Littler

Minding the Pay Gap: What Employers Need to Know as Pay Equity Protections Widen (UPDATED)

Littler on

I. Introduction - The pay gap – or paying women and other historically marginalized groups less for the same or substantially similar work – has long been in the media spotlight. But as employees, boards, consumers, and...more

DirectEmployers Association

DE Under 3: Reversal of 2019 Enterprise Rent-a-Car Trial Decision; EEOC Commissioner Nominee Update; Overtime Listening Session

In this episode of DE Under 3, resident expert John Fox shares first-hand experience with the recent appellate court’s reversal of the 2019 Enterprise Rent-a-Car discrimination trial decision, and Candee shares updates on...more

DirectEmployers Association

OFCCP Week In Review: May 2022 #5

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Common Reasons for Flagged Pay Differences

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

Bowditch & Dewey

To the Jury? A Professor’s Pay Equity Battle Soldiers On

Bowditch & Dewey on

In 2019, the United States District Court for the District of Oregon dismissed a lawsuit brought by Jennifer Freyd, professor of psychology at the University of Oregon, against the University and two University officials. In...more

Fox Rothschild LLP

Hiring During COVID-19: Plan Defensively To Avoid Litigation

Fox Rothschild LLP on

As Coronavirus recedes in parts of the United States, employers will be in a position to staff up. Employers need to be aware, however, that as they recall some employees from furlough or hire other applicants, workers not...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Divergence in Pay Between Women and Men in Shared Parental Pay Is Not Discriminatory, UK Supreme Court Rules

An employer that refused to offer a discretionary pay enhancement to a male employee who had availed himself of the statutory right to take shared parental leave did not run afoul of sex discrimination rules or breach the...more

Fisher Phillips

U.S. Women’s Soccer Scores First Goal In Their Pay Equity Battle

Fisher Phillips on

A California federal judge today granted the U.S. Women’s National Team an early victory in their pay equity battle against the U.S. Soccer Federation (the Federation), granting class certification to a group of players who...more

Polsinelli

OFCCP Issues Technical Assistance Guide for Educational Institutions and Trains its Sights on the Tenure Selection Process

Polsinelli on

Maintaining its recent focus on compliance issues particular to educational institutions, OFCCP published a technical assistance guide for educational institutions on October 11, 2019.  The guide follows a flurry of OFCCP...more

Carlton Fields

Equal Pay and Class Action Implications

Carlton Fields on

After winning the World Cup on Sunday with a thrilling 2-0 victory over the Netherlands, the U.S. women’s national soccer team laid claim to being the best women’s soccer team in history. They celebrated their victory at the...more

Sheppard Mullin Richter & Hampton LLP

It’s OK to Be Different- NLRB Rules That Union Represented Employees Are Not Entitled to Midterm Bargaining Over Same Paid Holiday...

Does an employer automatically engage in unlawful discrimination when it grants an improved benefit to its non-union employees but withholds the improvement from its union employees who are covered by a collective bargaining...more

Littler

NY Federal Court Significantly Limits Scope of Equal Pay Case

Littler on

For years, employment lawyers on both sides have disagreed on what is required to obtain class treatment in a Title VII discrimination case. ...more

Polsinelli

New York Court Rejects Class and Collective Certification in Nationwide Sex-Bias Action

Polsinelli on

On November 30, 2018, the U.S. District Court for the Southern District of New York determined that a company’s decentralized pay and promotion structure made the matter unfit for class and collective certification under...more

Littler

Dear Littler: Will Recent Equal Pay Legislation Affect Our Annual Comp Reviews?

Littler on

Dear Littler: My employer is preparing for our annual review of staff compensation. My boss heard there have been a lot of changes in the law about equal pay that might affect our evaluations. He’s asked me to look into what...more

Orrick, Herrington & Sutcliffe LLP

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

Seyfarth Shaw LLP

Businesses Challenge Philadelphia Law Prohibiting Inquiry into Prospective Employee’s Wage History

Seyfarth Shaw LLP on

Seyfarth Synopsis: Businesses banded together to challenge, on First Amendment and Due Process grounds, the pay equity Ordinance which would ban inquiries into prospective employees’ prior salaries. The Ordinance, which was...more

Seyfarth Shaw LLP

Pay Equity Extends to Race, Ethnicity, Without Banning Salary Inquiries

Seyfarth Shaw LLP on

Seyfarth Synopsis: Governor Jerry Brown recently signed pay equity legislation to build on SB 358, a gender pay equity bill that he signed just four months ago. Recent state pay equity initiatives (in Massachusetts, New...more

Parker Poe Adams & Bernstein LLP

EEOC Revises, Delays Pay Data Collection Proposal

On July 14, the Equal Employment Opportunity Commission announced changes to its proposed employer pay data collection proposal. The proposal would require employers to submit on an annual basis summary pay information for...more

Miles & Stockbridge P.C.

EEO-1 Pay Data Rule: The EEOC Listened (Sort of)

In our February 29, 2016 blog, we warned of concerns employers should have about the EEOC’s proposal to begin collecting pay data as part of the EEO-1 form, currently filed by employers with more than 100 employees and some...more

Foley & Lardner LLP

EEOC’s Revised Proposal to Collect Pay Data Keeps Focus on Pay Discrimination Agenda

Foley & Lardner LLP on

As we reported previously, enforcement of equal pay laws and remedying of pay disparities continue to be top priorities for the U.S.Equal Employment Opportunity Commission (EEOC) and U.S. Office of Federal Contract Compliance...more

Greenberg Glusker LLP

Client Alert: Proposed New Employer Data Reporting to Combat Pay Disparities

Greenberg Glusker LLP on

The U.S. Equal Employment Opportunity Commission (EEOC) has recently proposed expanding its employment data collection efforts to include employee wage and hour information. Currently, the EEOC requires federal contractors...more

Mintz - ML Strategies

Pay Equity Legislation Aims to Eliminate Wage Disparities Between Genders in Massachusetts

Mintz - ML Strategies on

In a hearing before the Joint Committee on Labor and Workforce Development on Tuesday, July 21, roughly two dozen lawmakers and a wide range of business officials, advocacy groups, non-profit leaders, and academics testified...more

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