News & Analysis as of

Pay Discrimination

Illinois Senate Fails to Override Governor’s Veto of Salary History Ban

Bucking the nationwide trend, Illinois was unable to pass a law prohibiting employers from asking job applicants about their salary history. On November 9, 2017, the Illinois Senate failed to override Governor Rauner’s veto...more

The Latest on 2017 EEO-1 Reporting Requirements

by Hogan Lovells on

Employers subject to EEO-1 reporting were relieved to learn that the controversial new pay data reporting requirement for this year’s EEO-1 report was recently suspended. ...more

Spec Formliners To Pay $105,000 To Settle EEOC Equal Pay Lawsuit

Female Sales Representative Was Paid Less Than Her Male Coworker, Federal Agency Charged - LOS ANGELES - Spec Formliners, Inc., a Santa Ana, Calif.-based business, will pay $105,000 and provide other relief to settle an...more

Pay Equity Litigation – Even winning can be expensive!

by Fisher Phillips on

The Third Circuit’s affirmation of summary judgment in a pay equity case after ten years of litigation shows that even non-meritorious claims can be time-consuming and costly. As many who have been involved in lawsuits know,...more

I-18- DC Update on Joint Employer and OT Issues, and Part 1 of an Expert Interview on Pay Equity Audits

by Cozen O'Connor on

This episode of Employment Law Now provides an update on current DC initiatives to change joint employer and overtime exemption standards, as well as Part 1 of a two-part interview with a leading expert on conducting an...more

Trick or Treat? Employee Claims Discrimination After Attending Office Halloween Party

Before you send out that next office-wide invite to a “holiday” party, think twice. Carmelite Lofton has sued her employer, BSN Sports, LLC—a Texas uniform and equipment retailer—when things turned sour after she was forced...more

A Statistically Significant Settlement For Federal Contractors

by Fox Rothschild LLP on

As discussed in last week’s Fox Workplace Watch Alert, the Office of Federal Contract Compliance Programs (OFCCP) announced its largest pay equity recovery to date – a $5 million settlement of gender and racial pay...more

Federal Contractor Agrees To Pay $5 Million To Settle Pay Discrimination Allegations Made By OFCCP

by Fox Rothschild LLP on

In a recent settlement with the Office of Federal Contract Compliance Programs (OFCCP), State Street Corporation, a financial services firm with federal contracts, agreed to pay $5 million to settle claims of gender and...more

EEOC Sues Cummins, Inc. For Pay Discrimination

Diesel Engine Manufacturer Paid a Female Employee Less Than a Male Employee Performing the Same Work, Federal Agency Charges - NASHVILLE, Tenn. - Cummins, Inc., a diesel engine manufacturer which operates a call center...more

Pay Equity Update: Has the Death Knell Sounded for Prior Salary?

by Davis Wright Tremaine LLP on

An increasing number of states and cities are enacting laws prohibiting employers from considering a candidate’s prior salary in setting compensation. These restrictions are typically included within pay equity statutes, and...more

Understanding the EEOC’s Shifting Stance on Pay Bias and Data Collection

by Franczek Radelet P.C. on

Recently, the Equal Employment Opportunity Commission (“EEOC”) has sent mixed signals to employers regarding its efforts to collect salary and pay data to combat pay inequity based on gender and race. Many employers are left...more

9th Circuit to Reconsider Employer Use of Salary History During Hiring

by McGuireWoods LLP on

On Aug. 29, 2017, the U.S. Circuit Court of Appeals for the 9th Circuit announced it will reconsider en banc whether employer use of salary history to determine an applicant’s compensation as a new hire violates the federal...more

New EEO-1 Pay Reporting Requirements Suspended Indefinitely

by Barley Snyder on

Larger employers no longer have the immediate worry about collecting and analyzing pay data to complete the federal EEO-1 employment report. The end of September was traditionally the deadline by which companies with more...more

LabCorp Settles With OFCCP For Alleged Bias In Hiring And Compensation

Laboratory Corporation of America has agreed to pay approximately $200,000 to resolve a matter with Office of Federal Contract Compliance Programs. According to the Conciliation Agreement between the parties, the OFCCP found...more

Employers Not Required to Submit Pay Data or Follow Higher Salary Basis Threshold for Exempt Employees

by Pepper Hamilton LLP on

Q.  What is the status of the EEOC’s requirement that we submit pay data with our annual EEO-1 Form?  Also, have there been any updates on the lawsuit blocking the DOL’s rule raising the salary basis for certain non-exempt...more

EEO-1 Form Changes Suspended; Obama Overtime Expansion Officially Invalidated

by Pepper Hamilton LLP on

In the week leading up to Labor Day, two major employment law initiatives of former President Barack Obama’s Labor Department came to a halt. First, the White House Office of Management and Budget (OMB) put a stop to the...more

OMB Freezes EEOC Pay Data Collection Rule

• OMB has frozen the Obama-era employee pay data collection requirements that were set to take effect in March 2018. • Employers should continue to use the prior version of the EEO-1 form and will have until March 31, 2018...more

A (Temporary?) Reprieve: Employers No Longer Required to Submit Pay Data to the EEOC

On Tuesday, August 29, 2017, the U.S. Equal Employment Opportunity Commission (EEOC) announcedthat the Office of Management and Budget (OMB) would stay the new EEO- 1 pay reporting requirements that had been scheduled to...more

White House Office of Management and Budget Hits the Pause Button on EEO-1 Compensation Data Requirement

Employers with 100 or more employees (and federal contractors with 50 or more employees) must submit an EEO-1 Report annually, detailing the race, gender, and ethnicity of its workforce. In September of 2016, the Equal...more

Additional Information For 2017 EEO-1 Reporting - Affirmative Action & OFCCP Law Advisor

by Jackson Lewis P.C. on

Following the announcement placing the EEO-1 pay data requirement on indefinite hold, the EEO-1 Joint Reporting Committee has clarified open questions regarding the details for 2017 EEO-1 Reports....more

OMB Halts Employers' Obligation to Report Summary Pay Data on EEO-1 Form

by Ballard Spahr LLP on

The Office of Management and Budget (OMB) has issued an immediate stay of requirements for certain private employers to report data on pay and work hours to the U.S. Equal Employment Opportunity Commission (EEOC). The OMB's...more

White House Postpones EEO-1 Pay Data Initiative Indefinitely

On August 29, 2017, the White House Office of Information and Regulatory Affairs (OIRA), a division of the Office of Management and Budget (OMB), notified the U.S. Equal Employment Opportunity Commission (EEOC) via memorandum...more

Deadline for Compliance with New EEO-1 Form Stayed Indefinitely

The White House Office of Management and Budget (“OMB”) has indefinitely stayed the deadline for compliance with the new Employer Information Report (EEO-1 Form) for collection of annual pay and hours worked information. As...more

EEO-1 Payroll Data Requirement Delayed....Again

by Roetzel & Andress on

In response to a letter from the Office of Management and Budget (OMB) dated August 29, 2017, the EEOC said that it intends to “stay” the requirement that employers supply pay data when they file the EEO-1 for 2017. You may...more

EEO-1 Pay Data Collection Form Nixed for Now

by Akerman LLP - HR Defense on

Employers that have been struggling with whether to undertake the arduous task of assembling the 2017 pay data required by the new EEO-1 form can breathe a sigh of relief: the Office of Management and Budget (OMB) has nixed...more

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