2020 brought employment law practitioners several federal court decisions that proved to be interesting, instructive and, at times, entertaining. Some decisions were victories for employees, and others were victories for employers. No matter the outcome, however, all the opinions continue to shape the employment landscape. Here are summaries of nine of these key cases, along with […]
Colorado’s Equal Pay for Equal Work Act (the “Act”) goes into effect January 1, 2021. To implement the Act, the Colorado Department of Labor and Employment recently adopted the Equal Pay Transparency (“EPT”) Rules. Here, we summarize certain notable features of the Act and the EPT Rules to help employers with Colorado employees ensure that hiring, […]
The U.S. Women’s National Soccer Team’s (“WNT”) battle to increase pay in line with that afforded to the U.S. Men’s National Soccer Team (“MNT”) was dealt a blow last Friday as a judge dismissed their Equal Pay Act (“EPA”) claim. The WNT has dominated the MNT in nearly every aspect of U.S. soccer, from match results, […]
The EEOC announced last week that employers must file their EEO-1 Component 2 data for calendar years 2017 and 2018 by September 30. The wage data must be broken down by race, sex, and ethnicity. The EEO-1 survey can be found here. As we previously reported on here and here, Judge Tanya Chutkan had directed the […]
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. 30, 2019. In addition, Judge Chutkan ordered the EEOC to collect a second year of […]
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 submit wage data broken down by race, sex, and ethnicity by Sep. 30, 2019. This […]
On April 24, 2018, New Jersey’s Governor, Phil Murphy, signed the Diane B. Allen Equal Pay Act (the “Act”) into law. Recognized as the strongest equal pay law in the United States, the Act amends New Jersey’s Law Against Discrimination to make it unlawful for employers to compensate employees who are members of a protected […]
On April 9, 2018, the Ninth Circuit ruled en banc that an employee’s prior salary does not constitute a “factor other than sex” to justify wage disparities between male and female employees. “Other than sex” factors is limited to legitimate, job-related factors, including the candidate’s experience, educational background, ability, or prior job performance. The court […]
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 free to ask for salary history information of applicants without risk? Hardly. The premise behind […]
Many standardized job applications contain a section asking applicants for the names of their prior employers, dates of employment, and the salary or wage they earned. Nationwide employers beware: this practice could be unlawful, depending on where you operate. To promote fair employment practices and close the pay gap for women and people of different […]
