News & Analysis as of

Equal Pay Act

Genova Burns LLC

New Jersey Employers – The NLRB Loosens Restrictions On Confidentiality Instructions For Investigations

by Genova Burns LLC on

On December 16, 2019, the National Labor Relations Board (NLRB) issued a decision in Apogee Retail LLC d/b/a Unique Thrift Store and Kathy Johnson, upholding an employer’s confidentiality instructions to employees involved in...more

Arent Fox

Second Circuit Holds Evidence of Equal Work for Unequal Pay Not Required for Title VII Compensation Claims

by Arent Fox on

The Second Circuit has held that employees who allege they were underpaid on the basis of their sex, in violation of Title VII of the Civil Rights Act, are not required to first establish an Equal Pay Act claim but rather...more

Orrick - Equal Pay Pulse

No Equal Work Required: Second Circuit Rejects Strict Application of EPA Standard to Title VII Claim

by Orrick - Equal Pay Pulse on

The Second Circuit ruled this month in Lenzi v. Systemax, Inc. that “Title VII does not require a showing of unequal pay for equal work.” Drawing a line between the Equal Pay Act (“EPA”) and Title VII, the court held that...more

Manatt, Phelps & Phillips, LLP

Arbitrator Could Bind Absent Class Members, Second Circuit Holds

An arbitrator could bind absent class members to a Title VII and Equal Pay Act (EPA) class action where the plaintiffs all signed arbitration agreements that consented to the arbitrator’s authority, the U.S. Court of Appeals...more

Seyfarth Shaw LLP

Pay Equity Litigation Update: The Second Circuit Clarifies A Key Difference Between Title VII And Equal Pay Act Wage...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In an unusual opinion considering an issue raised by the plaintiff for the first time on appeal, the Second Circuit clarifies that unlike under the Equal Pay Act, Title VII plaintiffs need not show “equal...more

Fisher Phillips

EEOC Scraps Policy That Took Aim At Mandatory Workplace Arbitration

by Fisher Phillips on

The Equal Employment Opportunity Commission yesterday withdrew its 1997 policy statement that had disapproved of the practice of requiring workers to enter into arbitration agreements to resolve workplace discrimination...more

Parker Poe Adams & Bernstein LLP

Second Circuit Allows Title VII Pay Discrimination Claim Without Evidence of Higher Paid Comparator

The Equal Pay Act allows employees to bring claims of pay discrimination based on gender by alleging that they were paid less than employees of a different gender who perform the same or similar work. This comparator...more

Lewitt Hackman

Employers, In Case You Were Wondering: Sexual Harassment and Discrimination Do Not Pay Off

by Lewitt Hackman on

Just ask Riot Games, which recently agreed to pay $10,000,000 to settle a class action lawsuit for alleged violations of the California Equal Pay Act, and gender discrimination, retaliation, and harassment. The settlement...more

Jackson Lewis P.C.

Jury Finds Against Female Physician’s Unequal Pay Claims

by Jackson Lewis P.C. on

A federal jury in Iowa has rejected Equal Pay Act claims by a female physician alleging she was paid less than her male colleagues in the same network for performing substantially equal work under the same compensation...more

Fisher Phillips

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

by 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

Seyfarth Shaw LLP

Pay Equity Litigation Update: Employers In The Academic Healthcare Industry Are Often Uniquely Suited To Challenge Prima Facie...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Employers in the health care industry—and in particular health care within the university academic setting—are consistently some of the most-frequent targets for equal pay lawsuits. A series of cases...more

U.S. Equal Employment Opportunity Commission...

Interim Healthcare to Pay $50,000 to Settle EEOC Equal Pay Lawsuit

Female Nurses Paid Less Than Less Experienced Male Counterpart, Federal Agency Charged - CASPER, Wyo. - Interim Healthcare of Wyoming will pay $50,000 and furnish other relief to settle a pay discrimination lawsuit...more

Fisher Phillips

Web Exclusive - Incorporating Pay Equity Reviews in Your Year-End Compensation Practices

by Fisher Phillips on

The federal Equal Pay Act (EPA) requires that men and women in the same workplace be compensated with equal pay for equal work. Nearly every state has its own law that also prohibits discrimination in wages on the basis of...more

Thompson Coburn LLP

An overview of the Illinois Salary History Ban for employers

by Thompson Coburn LLP on

Effective September 29, 2019, Illinois has amended the Illinois Equal Pay Act of 2003 to prohibit employers from inquiring about an applicant’s current or prior salary, wages, benefits, or other compensation and using this...more

Schwabe, Williamson & Wyatt PC

Drafting Legally Sound Job Descriptions

Job descriptions are a crucial part of recruitment and hiring, and of performing an Equal Pay Act Analysis, classifying employees for purposes of the Fair Labor Standards Act, and developing reasonable accommodations under...more

Seyfarth Shaw LLP

What A Long Strange Year It’s Been . . . The EEOC’s Fiscal Year Comes To An Uncharacteristically Quiet Close

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Trump Administration has succeeded in replacing several open positions within the upper echelons of the EEOC. Employers are anxiously looking for any sign as to how this slate of leadership will put...more

Jackson Lewis P.C.

Illinois Equal Pay Act Mandates To Take Effect September 29

by Jackson Lewis P.C. on

Amendments to Illinois’ Equal Pay Act (EPA) go into effect on September 29, 2019, leaving employers little time to adjust their hiring practices. No Inquiries into Salary History. Under the amended EPA, employers and...more

Jackson Lewis P.C.

Pay Equity Challenges Continue: EEOC Sues Nursing Home For Paying Female Nurse Less

by Jackson Lewis P.C. on

Pay equity challenges continue to make the news in the healthcare setting, primarily in the context of physician pay equity gaps. This month, the journal Pediatrics published data from the American Academy of Pediatrics’...more

Bryan Cave Leighton Paisner

Preparation and Training Critical as Illinois Employers Face New Legal Landscape

by Bryan Cave Leighton Paisner on

Illinois employers must begin preparing now for the host of new legal requirements impacting the workplace beginning in 2020. With legal changes on topics ranging from hiring practices and pay equity to drug testing and...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Kansas City Nursing Home for Paying a Female Nurse Less than Male Nurses

Edgewood Manor in Raytown Violated Equal Pay Act, Federal Agency Charges - LOUIS - By paying a female nurse less than two male nurses performing the same job, Edgewood Manor Center for Rehab and Healthcare, in Raytown,...more

Fisher Phillips

Crazy Rich Pay Equity Dispute? Movie Co-Writer Quits Project After Claiming Pay Equity Problem

by Fisher Phillips on

Pay equity concerns in Hollywood are not limited to famous actresses (such as Michelle Williams) or comediennes (such as Mo’Nique). As reported this week by the Hollywood Reporter, the co-writer of smash hit “Crazy Rich...more

U.S. Equal Employment Opportunity Commission...

Barenbrug USA Reaches Agreement with EEOC

Grass Seed Company Resolves Investigation Into Unlawful Severance Agreements Offered to Employees During Recent Reduction in Force - MINNEAPOLIS - The U.S. Equal Employment Opportunity Commission (EEOC) and...more

Schwabe, Williamson & Wyatt PC

Oregon Employment Law Update: Summary & To Do List

Oregon passed several employment bills this year that will affect Oregon employers. The following article provides an update on the new laws and a list of tasks for Oregon employers to make sure that they are in compliance....more

U.S. Equal Employment Opportunity Commission...

Bryce Corporation Sued by EEOC for Pay Discrimination

Female Senior Business Analyst Paid Less Than Male in the Same Position, Federal Agency Charges - MEMPHIS, Tenn. - Bryce Corporation, a family-owned and -operated corporation that offers flexible packaging and prepress...more

Jackson Walker

Equal Pay and the Wage Gap: Where Are We Now?

by Jackson Walker on

The Equal Pay Act of 1963 (EPA) has recently been in the press due to a lawsuit filed by 28 players from the U.S. National Women’s Soccer Team against the U.S. Soccer Federation. According to the lawsuit, filed on March 8,...more

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