News & Analysis as of

Disparate Impact Wage and Hour Employer Liability Issues

Fisher Phillips

New Jersey Schools Need to Reexamine Policies Barring Paid Work During Parental Leave After Game-Changing Administrative Finding

Fisher Phillips on

State authorities recently found that a school district’s policy prohibiting employees from working paid extracurricular positions while on parental leave could violate state discrimination and family leave laws – and you may...more

Littler

Second Circuit Holds EPA “Factor Other Than Sex” Affirmative Defense Need Not Be Job-Related

Littler on

In Eisenhauer v. Culinary Institute of America, No. 21-2919-CV (2d Cir. Oct. 17, 2023), the U.S. Court of Appeals for the Second Circuit clarified that the federal Equal Pay Act (EPA) does not require employers to show that a...more

Morrison & Foerster LLP

Key Considerations for Navigating Workforce Reductions During Uncertain Economic Times

With a potential recession looming and a growing number of companies announcing significant layoffs almost daily, employers are increasingly considering reductions in force (RIFs) to weather the financial uncertainty in the...more

DCI Consulting

[Webinar] Expert Summit for Employment Attorneys: Measuring Disparities in Employment: A Primer on EEO Statistics - February 2nd,...

DCI Consulting on

Although statistical analyses are commonly used to determine disparities in such employment decisions as hiring and compensation, they can be difficult to comprehend. In this session, we will explain the basic principles of...more

Trusaic

Pay Gaps and Pay Disparities, What's the Difference?

Trusaic on

Given the worldwide attention on pay equity, the term pay gap is one you’ve undoubtedly heard by now. But what you may not be familiar with is the closely referenced term, pay disparity. ...more

Constangy, Brooks, Smith & Prophete, LLP

Second-guessing the advice columns: Workplace bathrooms!

Everybody's favorite subject. Last week, Karla Miller -- the workplace advice columnist of The Washington Post -- had a fascinating letter with this problem: The letter writer is the only female working on a floor with...more

Akerman LLP - HR Defense

Employers: Prepare Now for Recession-Based Layoffs

With many economic experts predicting that the U.S. will enter a recession in the near future, employers are preparing for the possibility of significant layoffs. Before making cuts, companies – especially those with remote...more

DirectEmployers Association

OFCCP Week In Review: April 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 Jennifer Polcer. In today’s edition, they...more

K&L Gates LLP

Health Care Triage: OFCCP Enforcement in the Health Care Space

K&L Gates LLP on

Health Care partners Sarah Carlins and Jackie Hoffman interview Labor, Employment, and Workplace Safety partner Craig Leen in this episode of Triage, recorded in collaboration with our Working Wise podcast. As the former...more

Bowditch & Dewey

To the Jury? A Professor’s Pay Equity Battle Soldiers On

Bowditch & Dewey on

In 2019, the United States District Court for the District of Oregon dismissed a lawsuit brought by Jennifer Freyd, professor of psychology at the University of Oregon, against the University and two University officials. In...more

Epstein Becker & Green

U.S. Supreme Court Lets Stand Ninth Circuit Ban on ‘Salary History’ Defense to an Equal Pay Act Claim

Epstein Becker & Green on

In recent years, wage discrimination has been a hot topic and with it, the question of whether employers may rely on a worker’s salary history to justify a pay disparity between male and female employees. In a 2018 case...more

Littler

California Superior Court Grants Class Certification in Equal Pay Case

Littler on

On April 30, 2020, Judge V. Raymond Swope of San Mateo Superior Court granted plaintiffs’ motion for class certification in Jewett et al. v. Oracle America, Inc. In doing so, the court certified a class of more than 4,100...more

Dorsey & Whitney LLP

COVID-19 Retaliation Claims - A 2020 Trend in Employment Litigation?

Dorsey & Whitney LLP on

Tracking the onslaught of new lawsuits filed in response to the COVID-19 crisis has demonstrated that three primary categories of plaintiffs are bringing these claims against companies... ...more

Jackson Lewis P.C.

Class Action Trends Report Fall 2019

Jackson Lewis P.C. on

Our quarterly report takes a look back at the most significant class action developments over the last year, including litigation trends, court decisions, and legislative and regulatory changes that are certain to invite...more

Obermayer Rebmann Maxwell & Hippel LLP

Welcome to the Machine(s): Can AI Save Employers From Discrimination or Retaliation Allegations?

Employees who claim that they were discriminated against or retaliated against by their employer typically must prove that the employer was substantially motivated by their membership in a protected class (such as race,...more

Littler

NY Federal Court Significantly Limits Scope of Equal Pay Case

Littler on

For years, employment lawyers on both sides have disagreed on what is required to obtain class treatment in a Title VII discrimination case. ...more

Orrick - Employment Law and Litigation

Say It Again: No Common Question Binds a Class Subject to Thousands of Individualized Pay Decisions

Echoing an increasingly familiar refrain, another district court has declined to certify a class of women bringing pay equity claims on the basis that they did not present a common question capable of producing a common...more

Polsinelli

New York Court Rejects Class and Collective Certification in Nationwide Sex-Bias Action

Polsinelli on

On November 30, 2018, the U.S. District Court for the Southern District of New York determined that a company’s decentralized pay and promotion structure made the matter unfit for class and collective certification under...more

Ballard Spahr LLP

Employment Discrimination Class Action Filed Against CFPB

Ballard Spahr LLP on

The CFPB and its Acting Director are facing a proposed class action lawsuit alleging discrimination against minority and female workers based on allegations of lesser pay and fewer promotions than their white male...more

Shook, Hardy & Bacon L.L.P.

New York Pay Equity Laws

New York State - As part of a broad agenda to protect and advance women’s equality, New York Governor Andrew Cuomo signed the Achieve Pay Equity Law (S.1/A.6075), which expands and changes New York’s equal pay act, N.Y....more

Gray Reed

Employment Law 101: National Origin, Citizenship & Immigration Status Discrimination

Gray Reed on

Who does it apply to: Part of the protection comes from Title VII, which applies to employers with 15 or more employees. An overlapping part of the protection comes from the Immigration Reform and Control Act (IRCA), which...more

Mintz - Employment, Labor & Benefits...

New York State Employers Face Strict New Equal Pay and Sex Discrimination Laws

New York Governor Andrew Cuomo recently signed a series of bills entitled the “Women’s Equality Agenda” that significantly amend the State’s equal pay, sex discrimination, harassment and other laws to provide additional...more

Seyfarth Shaw LLP

Tip-Toeing Around Class Actions: Can a “No Tipping” Policy End Wage and Hour Litigation in the Hospitality Industry?

Seyfarth Shaw LLP on

Joining a budding national trend, renowned restaurateur Danny Meyer of Union Square Hospitality Group last week announced that he will eliminate formal tipping at his restaurants starting in 2016. Meyer stated that the new...more

Cozen O'Connor

If You Are Planning Layoffs – Here Are Five Things You Need to Know

Cozen O'Connor on

Unfortunately, when the price of oil goes down, the employment numbers also move downward in Houston. Many clients in the oil and gas industry are either planning or considering downsizing measures, which means that it is a...more

Proskauer Rose LLP

California Employment Law Notes - July 2014

Proskauer Rose LLP on

"Unauthorized Alien" Who Provided False SSN Can Proceed With Disability Discrimination Lawsuit - Salas v. Sierra Chem. Co., 2014 WL 2883878 (Cal. S. Ct. 2014) Vicente Salas worked on Sierra Chemical's production...more

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