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Compass: Insights And Direction For Employers - July 2019

This month marks the 55th anniversary of the Civil Rights Act of 1964. This monumental legislation, which was signed into law by President Lyndon B. Johnson on July 2, 1964, changed the course of history with its sweeping ban...more

Salary History Bans: FAQs, Best Practices, and Latest Updates

Laws limiting employers’ inquiries on a prospective employee’s compensation history are on the rise. More and more states and localities are passing these laws and, at the same time, courts are deciding cases on whether prior...more

Salary History Is Not Quite History in the Ninth Circuit, According to Supreme Court

On February 25, 2019, in a much awaited decision, the Supreme Court of the United States issued a per curiam ruling in Yovino v. Rizo, No. 18-272, 586 U.S. ___ (2019). Rather than address the substantive issue of whether an...more

California’s Salary History Ban: Answers to Frequently Asked Questions

As discussed in our previous article, “California Governor Signs Law Banning Salary History Inquiries,” as of January 1, 2018, California employers are required to comply with California Labor Code Section 432.3, which...more

California Governor Signs Law Banning Salary History Inquiries

On October 12, 2017, Governor Jerry Brown signed AB 168, prohibiting California employers from asking job applicants about their salary histories. This new law thrusts California yet again into the forefront of...more

Ninth Circuit Clarifies Employer Burden Under EPA to Justify Pay Differential

On April 27, 2017, a panel of the Ninth Circuit Court of Appeals vacated and remanded a district court’s ruling denying an employer’s motion for summary judgment on an Equal Pay Act (EPA) claim. In so doing, the court...more

5 Ways to Commemorate Equal Pay Day 2017

April 4 is Equal Pay Day—a day originated by the National Committee on Pay Equity designating how far into the calendar year women would have to work to earn the same as men in the previous year. Much like using the...more

Texas Introduces State Pay Equity Bill Banning Inquiries Into Prior Salaries

Following the growing trend of states enacting laws that address pay equity in the workplace, Texas State Representative Eric Johnson introduced House Bill 290 in the Texas legislature, seeking to amend the Texas Labor Code...more

Pay Equity FAQs: Answers to the Questions That Keep You Up at Night

As employers are learning about the many trends and changes that are bringing pay equity issues to the fore, they are asking questions regarding what they can do to protect themselves from potential liability. This article...more

Do I or Don't I?—Alcoholism and Accommodations in the Workplace

Any college football fan can attest that this has been quite the year for upsets. As interesting as the on-field action has been, we have seen increasing media attention and fan commentary focused on the action off the...more

The Interactive Process Dance, Part Two: What Happens When the Music Stops?

Part one of this two-part series covered the details of the interactive process in California and discussed a scenario in which the employee fails to respond to the employer’s attempts to communicate on an accommodation to...more

The Interactive Process Dance, Part One: What Happens When the Music Stops?

Introduction - California employers are not only required to refrain from discriminating against any employee on the basis of disability, but they also have an obligation to provide “reasonable accommodations” for...more

Under New California Law—No Proof of Sexual Desire Required to Prove Sexual Harassment

On August 12, California Governor Jerry Brown signed into law Senate Bill (SB) 292 which amends section 12940 of the California Fair Employment and Housing Act....more

California Court Rejects Managers’ Overtime Misclassification Class Action

Dailey v. Sears, Roebuck & Co., D061055 (March 20, 2013): In a recent decision, the California Court of Appeal affirmed the denial of class certification where there was not a predominant common question on a claim of...more

Religious Dress and Grooming Are Now Protected under the FEHA

On September 8, 2012, Governor Jerry Brown signed into law AB 1964, the Religious Freedom Act of 2012, which amends Section 12926 of the California Government Code....more

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