News & Analysis as of September 25, 2024

Equal Pay Act

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Developments in Equal Pay Litigation

Seyfarth Shaw LLP on 3/27/2024

We combine legal expertise with industry-leading statistical capabilities to provide global pay equity solutions that assess and mitigate risk....more

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

Seyfarth Shaw LLP on 10/23/2023

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

Illinois Employers Must Act to Comply With New Equitable Employment Laws

Fox Rothschild LLP on 7/12/2023

Since Gov. J. B. Pritzker signed Senate Bill 1480 (the Act) on March 23, 2021, the standards for employers have been raised for both hiring and employment practices. The Act incorporated significant changes to the Illinois...more

Gazing Into the Employment Law Crystal Ball: Artificial Intelligence, Pay Transparency, and Overtime Rule Changes

Conn Kavanaugh on 6/27/2023

The employment law landscape can shift quickly to keep up with our rapidly evolving world of work. You can be better prepared by anticipating changes that could impact your business. Below are three areas in which legal...more

Lacey’s Place to Pay $92,964 to Settle EEOC Pay Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on 5/30/2023

Gaming Parlor Chain Paid Female Worker Less Than Men and Fired Her for Complaining, Federal Agency Charged - CHICAGO – Lacey’s Place LLC Series Midlothian, doing business as Lacey’s Place, which owns and operates more than...more

Salary Negotiation Can Provide Affirmative Defense to Equal Pay Act Claim as “Factor Other Than Sex”

Littler on 12/10/2021

A female applicant applies for a position that was widely advertised. During her interview she insists on being paid $100,000. The employer agrees to her salary demand although it employs a male doing substantially similar...more

Illinois Amends Human Rights Act, Business Corporation Act, and Equal Pay Act

Stokes Wagner on 4/16/2021

On March 23, 2021, Governor J.B. Pritzker signed SB 1480 into law, amending three state statutes. First, the Illinois Human Rights Act is amended to impose employer obligations when making employment decisions based on...more

25th Annual Labor & Employment Seminar - The Labor & Employment Year in Review: Is It Over Yet? West Coast Session

Hinshaw & Culbertson - Employment Law... on 11/9/2020

Monday, October 26 - The Labor & Employment Year in Review: Is It Over Yet? Hinshaw labor and employment attorneys from the Midwest, East Coast, and West Coast addressed developments in the ever-changing landscape of...more

Drafting Legally Sound Job Descriptions

Schwabe, Williamson & Wyatt PC on 10/1/2019

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

Barenbrug USA Reaches Agreement with EEOC

U.S. Equal Employment Opportunity Commission... on 9/13/2019

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

Compensation, Harassment And Discrimination Cases Brought Labor & Employment Law Changes - California’s 2019 Labor & Employment...

Best Best & Krieger LLP on 2/12/2019

State and federal courts handed down labor and employment decisions last year that California employers must be aware of. Read about these decisions that impact everything from equal pay to medical leave, and more....more

Tender Me This: Sixth Circuit Holds Employees Don’t Have to Give Severance Money Back before Filing Title VII or EPA Lawsuit

Bradley Arant Boult Cummings LLP on 8/21/2018

In a decision that could have employers rethinking how they offer employees a severance agreement, in McClellan v. Midwest Machining, Inc. the Sixth Circuit held that former employees seeking to void severance agreements do...more

Be Careful What You Ask For: Asking a Job Applicant About Previous Pay May Violate the Equal Pay Act

Spilman Thomas & Battle, PLLC on 6/18/2018

As we discussed in our Mind the Gap webinar, many states and municipalities have enacted laws that prohibit employers from using previous pay to justify unequal pay between men and women or between members of different...more

Ninth Circuit Rules That Basing Employees’ Wages on Their Prior Compensation Violates the Equal Pay Act

Stoel Rives - World of Employment on 4/20/2018

Employers in the Ninth Circuit (which includes Washington, Oregon, California, Alaska, Idaho, Montana, Nevada, Arizona, and Hawai’i) can no longer justify pay differentials between male and female employees based upon...more

Equal Pay Act case gets new life

Burr & Forman on 2/22/2018

In 2-1 decision by a three-judge panel, the U.S. 4th Circuit Court of Appeals (whose rulings apply to all South Carolina employers) reversed a decision to grant summary judgment—meaning the trial court had found there was no...more

Federal Appeals Court Breathes New Life Into Pay Equity Claim, While Imposing Higher Standard On Employers

Fisher Phillips on 1/9/2018

The 4th Circuit Court of Appeals just forced a public employer back into court to defend itself against a pay equity claim after a lower court had dismissed the lawsuit and cleared the employer from wrongdoing. In...more

Federal Court Enters Judgment in Favor Of EEOC In Suit Charging Equal Pay Act Violation By Pizza Restaurant

U.S. Equal Employment Opportunity Commission... on 11/14/2017

Pizza Studio Violated Federal Law by Offering Woman Less Pay Than a Man and Withdrawing Job Offer When She Complained - ST. LOUIS - A federal district judge in Kansas entered judgment today in favor the U.S. Equal...more

Recent Deluge of California Legislation Imposes New Requirements on Employers

K&L Gates LLP on 10/23/2017

October 15th marked the deadline for Governor Jerry Brown to sign the numerous employment-related bills proposed during the California State Legislature’s 2017 legislative session. While many bills did not make the final cut,...more

Federal Court Enters Judgment in Favor Of EEOC In Suit Charging Equal Pay Act Violation

U.S. Equal Employment Opportunity Commission... on 7/12/2017

Heritage Bank Violated Federal Law by Paying a Woman Less Than a Man, Federal Agency Alleged - ST. LOUIS - A Nebraska bank will pay $30,598 to a woman whom it unlawfully paid less than a man, pursuant to a federal court...more

Equal Pay Protections Upset by Recent Ninth Circuit Ruling

Obermayer Rebmann Maxwell & Hippel LLP on 5/11/2017

On April 27, 2017, the Ninth Circuit Court of Appeals ruled that an employer was allowed to base “a pay differential on prior salary so long as it showed that its use of prior salary effectuated some business policy and that...more

California Employment Law Notes - May 2017

Proskauer - California Employment Law on 5/8/2017

Ruth Featherstone alleged that her former employer (SCPMG) discriminated against her based on a "temporary disability" that was caused by an adverse drug reaction, which resulted in an "altered mental state." During this...more

University Of Denver Sued By EEOC for Sex-Based Pay Discrimination

U.S. Equal Employment Opportunity Commission... on 10/5/2016

University Paid Female Full Law Professors Significantly Less Than Male Counterparts, Federal Agency Charges - DENVER, Colo. - The University of Denver violated federal law by paying female employees lower wages than...more

Restaurant Industry Newsletter - April 2013: Help! I just received a Charge of Discrimination from the EEOC. What is it, and what...

FordHarrison on 4/5/2013

If you just received a charge of discrimination from the Equal Employment Opportunity Commission ("EEOC"), you are not alone. During the EEOC's 2012 fiscal year, 99,412 charges of discrimination were filed. ...more

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