Executive Summary -
2024 promises to be a consequential year for employers. The U.S. is preparing for an election that will likely have a significant impact on the future of employment and labor law. At the same time,...more
5/8/2024
/ Annual Reports ,
Artificial Intelligence ,
Bias ,
Corporate Counsel ,
Employees ,
Employment Litigation ,
Employment Policies ,
Enforcement Actions ,
Federal Labor Laws ,
Human Resources Professionals ,
Labor Law Violations ,
State Labor Laws ,
Surveys
It’s almost spring, and you know what that means! It’s almost time to file the California pay data reports. Last year was the first year for filing expanded pay data reports under SB1162, which requires private employers with...more
2/23/2024
/ California ,
Corporate Counsel ,
Data Collection ,
Equal Pay ,
Filing Deadlines ,
Gender-Based Pay Discrimination ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Requirements ,
Reporting Requirements ,
Wage and Hour
This year’s Women’s World Cup, which kicked off on July 20, 2023, has been drawing record viewers both in person and on television. As viewers watch these teams compete, many wonder whether these athletes receive pay equal to...more
On July 3, 2023, Hawaii joined eight other states, as well as eight cities/counties, by enacting SB 1057, which requires that certain job listings disclose the hourly rate or salary range that “reasonably reflects the actual...more
7/21/2023
/ Employer Liability Issues ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Hawaii ,
Hiring & Firing ,
Job Applicants ,
Labor Reform ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Pay Transparency ,
State Labor Laws ,
Wage and Hour
Executive Summary -
Widespread economic uncertainty. Evolving workforce expectations. Accelerating use of artificial intelligence (AI). A shifting patchwork of local, state and federal regulations.
Numerous headwinds...more
5/10/2023
/ Artificial Intelligence ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Federal Labor Laws ,
Hiring & Firing ,
Labor Law Violations ,
Leave of Absence ,
Public Health Emergency ,
Reasonable Accommodation ,
Remote Working ,
State Labor Laws ,
Telecommuting ,
Wage and Hour
New proposed legislation in the U.S. House of Representatives would require all employers nationwide – regardless of size or number of employees – to include the wage range in all job postings, provide wage ranges to...more
4/14/2023
/ Disclosure Requirements ,
Employees ,
Employer Liability Issues ,
Equal Pay ,
Federal Labor Laws ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Labor Reform ,
Legislative Agendas ,
Pay Equity Laws ,
Pay Transparency ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Requirements ,
Wage and Hour
On January 1, 2023, California’s new pay transparency law requiring pay scales in job openings will go into effect. Although Senate Bill 1162 was passed in September, many employers were left to wonder how the California...more
Pay transparency laws have gathered steam across the country. California follows Colorado, Connecticut, Maryland, Nevada, Rhode Island, Washington, New York City, Cincinnati, and Toledo, among other jurisdictions, in enacting...more
10/6/2022
/ California ,
Employees ,
Employer Liability Issues ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Labor Reform ,
New Legislation ,
Pay Data ,
Pay Discrimination ,
Pay Transparency ,
Regulatory Requirements ,
State Labor Laws ,
Wage and Hour
I. Introduction -
The pay gap – or paying women and other historically marginalized groups less for the same or substantially similar work – has long been in the media spotlight. But as employees, boards, consumers, and...more
Pay equity, or the desire to achieve it, has been a hot topic for employers in the United States in the past several years. Due to a recent increase in legislation in many states and local jurisdictions, pay equity no longer...more
On November 23, 2020, the California Department of Fair Employment and Housing issued additional guidance for employers regarding their requirement to file employee compensation data with the state beginning in March of next...more
11/30/2020
/ Corporate Counsel ,
Data Collection ,
DFEH ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Labor Reform ,
Labor Regulations ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Requirements ,
Reporting Requirements ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On November 2, 2020, the California Department of Fair Employment and Housing (DFEH) released Frequently Asked Questions providing limited guidance to employers as to how to comply with their obligations for filing employee...more
It appears that employers in the Golden State will be required, starting next year, to collect and submit worker compensation data to the state. Senate Bill 973 (SB 973) has cleared both houses of the state legislature, and...more
On July 2, 2020, the U.S. Supreme Court declined to review the Ninth Circuit’s decision in Rizo v. Yovino. The federal Equal Pay Act (EPA) requires “equal pay for equal work regardless of sex,” subject to four exceptions. ...more
7/10/2020
/ Appeals ,
Corporate Counsel ,
Deceased ,
Denial of Certiorari ,
En Banc Review ,
Equal Pay Act ,
Judge Reinhardt ,
Judicial Review ,
Precedential Opinion ,
Reversal ,
SCOTUS ,
Yovino v Rizo
Since 2016, hundreds of bills and dozens of new laws aimed at closing the pay gap have been introduced and enacted at both the state and local levels. These laws include jurisdiction-specific pay equity laws, salary history...more
8/19/2019
/ Employer Liability Issues ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
Legislative Agendas ,
Local Ordinance ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Pay Transparency ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
The Equal Employment Opportunity Commission (EEOC) recently released guidance in an FAQ to employers as to how they should report non-binary employees on Form EEO-1....more
8/16/2019
/ Binary Options ,
Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender Expression ,
Gender Identity ,
Gender Neutral ,
Gender-Based Pay Discrimination ,
New Guidance ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Oversight ,
Regulatory Requirements ,
Reporting Requirements ,
Wage and Hour
The pay gap – or paying women and other historically marginalized groups less for the same or substantially similar work – has increasingly been in the media spotlight. Politicians have also taken note. While there have been...more
8/6/2019
/ Employer Liability Issues ,
Employment Litigation ,
Equal Pay ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Pay Equity Laws ,
Pay Gap ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On May 24, 2019, the U.S. Department of Health and Human Services (HHS) issued new proposed regulations interpreting Section 1557 of the Affordable Care Act (ACA), which contains the ACA’s anti-discrimination provisions....more
7/11/2019
/ Affordable Care Act ,
Anti-Discrimination Policies ,
Civil Rights Act ,
Department of Health and Human Services (HHS) ,
Gender Discrimination ,
Gender Identity ,
LGBTQ ,
Proposed Regulation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
Dear Littler: I work in HR at a large, California-based company with branches across the country. We pride ourselves on our diverse and inclusive workforce, and encourage employees to self-identify their race/ethnicity and...more
3/6/2019
/ Civil Rights Act ,
Corporate Counsel ,
EEO-1 ,
Employer Liability Issues ,
Gender Identity ,
Gender Neutral ,
LGBTQ ,
OFCCP ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
State and Local Government ,
State Labor Laws ,
Title VII ,
Transgender
Dear Littler: My employer is preparing for our annual review of staff compensation. My boss heard there have been a lot of changes in the law about equal pay that might affect our evaluations. He’s asked me to look into what...more
10/17/2018
/ Compensation & Benefits ,
Disparate Treatment ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
Federal Contractors ,
Gender-Based Pay Discrimination ,
New Legislation ,
Pay Equity Laws ,
Salary/Wage History ,
State and Local Government ,
Wage and Hour
The U.S. Court of Appeals for the Sixth Circuit recently ruled, in what many have described as a ground-breaking decision, that discrimination based on an employee’s transgender status is discrimination based on “sex” in...more
3/15/2018
/ Civil Rights Act ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Freedom of Religion ,
Gender Discrimination ,
Gender Identity ,
Gender Neutral ,
Hiring & Firing ,
LGBTQ ,
Religious Freedom Restoration Act (RFRA) ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
Dear Littler: We have a transgender employee at work, Sarah, who identifies and presents as a female. She is in the process of transitioning and still occasionally exhibits traditionally “male” physical attributes. A client...more
3/22/2017
/ Civil Rights Act ,
Discrimination ,
Employee Restrooms ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Discrimination ,
Gender Identity ,
LGBTQ ,
OSHA ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
A workforce that adheres to a traditional work style, or a consistent eight-hour workday in the same location – with no offsite work or interaction with business colleagues or customers – is increasingly becoming a relic in...more
The U.S. Department of Health and Human Services (HHS) recently published its Final Rule implementing Section 1557 of the Affordable Care Act (ACA), which prohibits discrimination on the basis of, among other grounds, sex in...more
6/22/2016
/ Affordable Care Act ,
Corporate Counsel ,
Department of Health and Human Services (HHS) ,
Discrimination ,
Final Rules ,
Gender Identity ,
Health Insurance ,
LGBTQ ,
Non-Discrimination Rules ,
Religious Freedom Restoration Act (RFRA) ,
Section 1557 ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Transgender
Approximately one week before changes to Charlotte’s non-discrimination ordinances were to take effect, the State of North Carolina enacted a law that not only invalidates the amendments, but also has broader implications for...more