News & Analysis as of

Equal Pay Employment Litigation

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

UK Retail Workers Win Landmark Equal Pay Case

More than 3,500 workers have won a legal fight for equal pay against major UK retailer Next Retail Ltd. Following a six-year legal battle, the Employment Tribunal ruled that Next had failed to demonstrate that the lower basic...more

Saiber LLC

NJ Temporary Workers Bill of Rights Upheld in 3rd Circuit

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In 2023, we reported on the enactment of the Temporary Workers’ Bill of Rights (the “Act”) and subsequent regulations by the New Jersey Department of Labor (“DOL”)....more

Littler

Temporary Workers Bill of Rights Scores a Victory in the Third Circuit Court of Appeals

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On July 24, 2024, the United States Court of Appeals for the Third Circuit affirmed a decision from the District of New Jersey Court, refusing to block New Jersey’s 2023 law, which awards temporary workers equal pay and...more

Fisher Phillips

Snap Reaches $15M Settlement Over Alleged Equal Pay Violations: Why the Deal Might Be a Sign of What’s to Come for All Employers

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Snapchat’s parent company has agreed to pay $15 million and take extensive measures to ensure fair employment practices as part of settlement to resolve claims of discrimination, harassment, and retaliation against women at...more

Seyfarth Shaw LLP

Belay that Order!  Supreme Court To Relook FAA’s Denial of Differential Pay to Coast Guard Reservist

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On June 24, 2024, the U.S. Supreme Court granted certiorari in the case of Feliciano v. Department Of Transportation. The Supreme Court will review the Federal Circuit’s decision affirming the Merit Systems Protection Board’s...more

Seyfarth Shaw LLP

Key Developments In Equal Pay Litigation: Appellate Courts Refuse To Clarify Proper Use Of A “One-Comparator Rule”

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Seyfarth Synopsis: One issue that has consistently divided the federal courts is whether an equal pay plaintiff can establish a prima faciecase of wage discrimination by pointing to a single comparator of the opposite sex who...more

Seyfarth Shaw LLP

Developments In Equal Pay Litigation: Appellate Courts Refuse To Clarify Proper Use Of A “One-Comparator Rule”

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Seyfarth Synopsis: One issue that has consistently divided the federal courts is whether an equal pay plaintiff can establish a prima faciecase of wage discrimination by pointing to a single comparator of the opposite sex who...more

Seyfarth Shaw LLP

Key Developments In Equal Pay Litigation: The Second Circuit Finally Sees Some Daylight Between Federal And State Equal Pay...

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It has been nearly a decade since some states began enacting changes to their equal pay statutes that appeared to some to differentiate those statues from the federal Equal Pay Act (“EPA”) in significant ways. Although those...more

Poyner Spruill LLP

Eleventh Circuit Clarifies Legal Standard in EPA Pay Discrimination Case

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The Equal Pay Act of 1963, 29 U.S.C. § 206(d) (“EPA”) requires men and women to receive equal pay for equal work.  In order to assert a claim under the EPA, an employee must show that she was paid less than a male comparator...more

Laner Muchin, Ltd.

Federal Court Enjoins “Equivalent Benefits” Portion of the Illinois Day and Temporary Labor Services Act

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In August 2023, Illinois Governor Pritzker signed a bill which amends the Illinois Day and Temporary Labor Services Act (Act). This new law impacts both temporary labor agencies (Agencies) and Third-Party Clients (Clients)...more

Parker Poe Adams & Bernstein LLP

Basing Salary on Prior Pay Risks Discrimination Claim

In recent years, a number of states and municipalities have adopted measures that restrict employers’ ability to base a new hire’s starting salary on what they made in their prior job. In the past, it was common for...more

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

First Circuit Says Maine Equal Pay Law Does Not Require Discriminatory Intent

On February 1, 2024, the First Circuit Court of Appeals held that a plaintiff alleging a violation of the Maine Equal Pay Law (MEPL) does not need to show additional discriminatory intent beyond establishing that an employer...more

Poyner Spruill LLP

EEOC’s Year-End Litigation Round-Up and Strategic Plan

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On November 15, 2023, the EEOC published its year-end litigation round-up and strategic enforcement plan, which shows its increased enforcement activities over the past year and new areas of emphasis for future enforcement....more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your November To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Rejects Comparator Evidence in Equal Pay Claim

In order to prevail in an Equal Pay Act claim, the plaintiff must demonstrate that she was paid less than a comparable male employee. When the two employees have distinctly different job duties and responsibilities,...more

Littler

Second Circuit Holds EPA “Factor Other Than Sex” Affirmative Defense Need Not Be Job-Related

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In Eisenhauer v. Culinary Institute of America, No. 21-2919-CV (2d Cir. Oct. 17, 2023), the U.S. Court of Appeals for the Second Circuit clarified that the federal Equal Pay Act (EPA) does not require employers to show that a...more

Seyfarth Shaw LLP

Second Circuit Clarifies That Federal Equal Pay Act Does Not Require “Factor Other Than Sex” Defense To Be Job Related

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Seyfarth Synopsis: On October 17, 2023, the Second Circuit issued the eagerly-awaited decision in Eisenhauer v. Culinary Institute of America. The court clarified that the federal EPA never required employers to show that a...more

A&O Shearman

Time to go back in the box, Barbie

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Wild horses couldn’t have dragged me to see the new Barbie film. But then I saw that a number of commentators from various quarters in the States were criticising the film for being “woke” and “feminist” and even burning...more

Seyfarth Shaw LLP

Colorado Peculiarities

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Seyfarth Synopsis: Seyfarth’s excellent publication “Cal-Peculiarities: How California Employment Law Is Different,” which is updated annually, highlights the many unique aspects of the Golden State’s employment law. ...more

Fisher Phillips

The 9 Things Colorado Employers Should Do After Lawmakers Pass Batch of New Workplace Laws

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The Colorado legislature has been busy this season passing new employment laws, adding to your compliance obligations in a big way. We reviewed the key workplace laws that Colorado Governor Jared Polis signed into effect and...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - April 2023

In our latest edition of Employment Flash, we examine developments over the past three months, including the NLRB’s ruling regarding employees’ labor law rights in severance agreements, a Supreme Court decision that upheld...more

CDF Labor Law LLP

[Webinar] California Fair Pay Act And Related Requirements – What California Employers Should Know - April 26th, 10:00 am - 11:00...

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Join CDF partners Leigh Ann White and Sander van der Heide for a comprehensive, complimentary webinar on California’s Fair Pay Act and related laws, including planning and conducting a pay equity audit to help protect your...more

Fisher Phillips

Top Workplace Law Stories You May Have Missed from March 2023

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...more

Morrison & Foerster LLP

[Webinar] Untangling the Web of Pay Equity and Transparency Compliance in 2023 - March 14th, 2:00 pm ET

Pay equity and transparency have become a focal point for lawmakers, regulators, shareholders, employees, and the public. Employers are increasingly challenged with trying to navigate the growing patchwork of pay equity and...more

DCI Consulting

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

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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

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