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Wage and Hour Attorney-Client Privilege

Fisher Phillips

SCOTUS 2023 Lookback and 2024 Preview: 7 Critical Decisions All Employers Should Review and 3 New Cases to Track

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The Supreme Court’s blockbuster decisions last term dominated the headlines – and many rulings will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an...more

Fox Rothschild LLP

FLSA Privilege Cases Show Employers Cannot Have Their Cake And Eat It!

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Naturally, lawyers give employer clients advice about the legality of their compensation practices, including who and who is not an independent contractor. Sometimes, an employer defendant will want to use the advice given...more

Fisher Phillips

Top Workplace Law Stories You May Have Missed from January 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

DCI Consulting

[Webinar] Expert Summit for Employment Attorneys: OFCCP: Privileged vs. Proactive Analyses - February 21st, 2:00 pm - 3:00 pm EST

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In 2022, OFCCP issued a directive to advance pay equity through compensation analysis. During the original release of the directive, many in the legal community were concerned that OFCCP would require the production...more

Littler

Littler Lightbulb: Labor & Employment Appellate Roundup

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This Littler Lightbulb highlights some recent labor and employment law developments at the U.S. Supreme Court and federal courts of appeal. At the Supreme Court. On October 3, the Justices agreed to hear In re Grand...more

Venable LLP

Pay Audits: Factors Employers Should Consider to Maintain and Protect Privileges

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​​​​​​​Companies conduct pay audits for a variety of reasons—whether it's to ensure the company is meeting certain benchmarks, to comply with audit requirements under state or federal laws, to promote or improve workplace...more

Fisher Phillips

4 Steps to Stay in Compliance with OFCCP’s New Affirmative Action Compensation Analysis Requirements

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When government officials released new guidance last week explaining how they will evaluate federal contractors’ compliance with new compensation analysis obligations, they calmed the nerves of the contractor community by...more

DirectEmployers Association

DE Under 3: OFCCP Walks Back Its Earlier “Pay Equity” Directive

In this week’s DE Under 3, John & Candee detail the two parts of OFCCP’s pay equity directive revision regarding attorney client privilege and the insinuation of a new compensation analyses....more

DirectEmployers Association

OFCCP Week In Review: August 2022 #4

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 Cynthia L. Hackerott. In today’s edition,...more

Polsinelli

OFCCP Walks Back Portions of Its Controversial Pay Equity Directive, But Contractors Must Still Focus on Proactively Ensuring...

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In March 2022, we reported on a controversial directive issued by the Office of Federal Contract Compliance Programs (OFCCP) that appeared to assert, for the first time, that federal contractors and subcontractors are...more

Davis Wright Tremaine LLP

OFCCP Issues Directive Regarding Attorney-Client Privilege of Pay Equity Audits

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued its first Directive (DIR 2022-01) formalizing and clarifying OFCCP’s more aggressive approach to require federal contractors to...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

Fisher Phillips

Federal Court Provides 5-Step Roadmap For Ensuring Your Pay Equity Audits Are Confidential

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Employers conducting internal pay equity audits now have a roadmap for ensuring that their pay equity audits remain confidential in the wake of pay equity litigation. Thanks to a recent federal court ruling from an Oregon...more

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

Pay Equity FAQs, Topics, and Trends

The trend of increased legislation, regulation, and corporate initiatives focused on identifying and correcting pay disparities in the workplace has continued to grow. In this episode, Liz Washko discusses recent developments...more

Proskauer - California Employment Law

California Employment Law Notes - January 2019

School Teacher’s ADA Claim Against Catholic School Was Not Barred By “Ministerial Exception” Biel v. St. James School, 2018 WL 6597221 (9th Cir. 2018) - Kristen Biel was fired from her fifth grade teaching position at...more

Smith Anderson

The New Overtime Rule: Yes, It Really Is Happening – Are You Ready?

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The Department of Labor has issued its final rule revising the overtime regulations for "white collar workers" and the rule goes into effect December 1, 2016 - just four months away. This webinar will explain the new rule,...more

Foley & Lardner LLP

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

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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

Proskauer - California Employment Law

California Employment Law Notes - July 2016

Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC - CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) - The EEOC filed suit against CRST (a trucking company) alleging...more

Miller & Martin PLLC

It's Time to Schedule a Wage and Hour Check-Up to Avoid Costly FLSA Lawsuits

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It's time to schedule your check-up -- your wage and hour check-up -- designed to try to prevent your company from becoming a defendant in a costly wage and hour lawsuit. Every year more wage and hour lawsuits are filed...more

Davis Wright Tremaine LLP

USDOL Accelerates Attack on Businesses Using Contract Service Providers

The U.S. Department of Labor has launched two major initiatives designed to encourage individual workers who are contract service providers to bring misclassification claims and lawsuits. According to the Department, “most...more

Seyfarth Shaw LLP

Wage-Hour Audits: Lessons Learned From Chipotle’s Heartburn

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Beloved burrito-maker Chipotle Mexican Grill has found itself in a situation messier than the finger foods that brought the company more than $4 billion in revenue last year. A magistrate judge in Scott v. Chipotle Mexican...more

McGuireWoods LLP

Southern District of New York Reiterates its Narrow View of Privilege Protection for Consultants Assisting Lawyers

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Client agents/consultants normally fall outside privilege protection, unless they help facilitate communications between the client and lawyer. Recognizing this, some lawyers seek privilege protection by hiring the...more

Bond Schoeneck & King PLLC

Federal Court Rules That HR Consultant’s Report is Not Privileged

On March 27, 2015, the U.S. District Court for the Southern District of New York granted the plaintiffs’ motion to compel disclosure of a report prepared by a Human Resources (“HR”) consultant in class action litigation under...more

Littler

2015 Hot Topics for Multinational Companies

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As we enter the New Year, Littler's international practice has identified a number of key employment and labor law issues for multinational companies (MNCs). The past year has brought to the fore some challenging issues...more

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

Conducting an Effective Internal Wage and Hour Audit

In our last post we discussed the preliminary considerations an employer should take into account before conducting a wage and hour audit. Once the preliminary considerations have been addressed, it generally is advisable to...more

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