UPDATE: Court Confirms that Employers Are to Provide Pay Data to EEOC by Sep. 30

On April 25, U.S. District Judge Tanya Chutkan issued a ruling accepting the EEOC’s proposal (which we previously reported on here) that employers who file EEO-1 reports must submit wage data broken down by race, sex, and ethnicity by Sep. … Continue reading

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EEOC Sets Deadline of Sep. 30 for Employers To Submit Pay Data

The Equal Employment Opportunity Commission (EEOC) has just announced that it will require employers who file EEO-1 reports (typically employers with at least 100 employees and federal contractors with 50 or more employees and at least $50,000 in contracts) to … Continue reading

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Fair Credit Reporting Act Update: Employers Within the Ninth Circuit Are Required to Provide a “Stand-alone” Background Check Disclosure Form – Yes, Literally

On January 29, 2019, the Ninth Circuit Court of Appeals held that a prospective employer does not satisfy the Fair Credit Reporting Act’s (“FCRA”) stand-alone disclosure requirement when it provides job applicants with a disclosure that also contains various state … Continue reading

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Department of Labor Changes Course and Ends “80/20 Rule” for Tipped Employees

This month, the Department of Labor’s Wage and Hour Division (“Division”) issued an opinion letter that, once again, reversed the Division’s position as to which service industry employees may be subject to the “tip credit.” For those who do not … Continue reading

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Employers Will Be Required to Utilize a New “A Summary of Your Rights Under the Fair Credit Reporting Act” Form

Effective September 21, 2018, employers that use nationwide credit reporting agencies for background checks will be required to use a new “A Summary of Your Rights Under the Fair Credit Reporting Act” form (“the Summary”). Read more about the Summary … Continue reading

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What Your Company Can Learn From the Bryan Colangelo Twitter Debacle

Last week, a bizarre story broke regarding Bryan Colangelo, the general manager of the Phildelphia 76ers (a professional basketball team in the National Basketball Association, for all of you non-sports types). According to published reports, Colangelo allegedly created and operated … Continue reading

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Why Asking About Salary History Is Risky Anywhere

There has been significant attention around the new laws and ordinances that prohibit employers from asking job applicants about their salary history in California, Delaware, Massachusetts, Oregon, New York City, Philadelphia and Puerto Rico. Are employers outside of these jurisdictions … Continue reading

Posted in Discrimination, EEOC, Hiring, Pay | Tagged , , ,

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The EEOC’s Assault on Employers’ Parental Leave Policies Continues

There is a reason that employment lawyers often find ourselves warning clients that, “No good deed goes unpunished.” Case in point: many companies offer paid parental leave policies that specifically address and provide paid leave for new mothers to bond … Continue reading

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