Employment & Labor Insider

Employment & Labor Insider

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Category Archives: Equal Pay

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Trump’s EEOC nominations are rocking along – and here’s what we can expect

Posted in Americans with Disabilities Act, Discrimination, Equal Pay, Gender Identity Discrimination, Genetic Information Non-Discrimination Act, GINA, Labor Relations, Politics, Sexual Orientation
With President Trump in office for nine months now, it is hard to believe that none of his people are yet on the Equal Employment Opportunity Commission. The four current Commissioners, including the Acting Chair, Republican Victoria Lipnic, and former Chair Jenny Yang, were all appointed by President Obama. But that may change soon. The Senate… Continue Reading

LabCorp settles with OFCCP for alleged bias in hiring and compensation

Posted in Affirmative Action, Discrimination, Equal Pay, Settlements
Laboratory Corporation of America has agreed to pay approximately $200,000 to resolve a matter with Office of Federal Contract Compliance Programs. According to the Conciliation Agreement between the parties, the OFCCP found statistically significant adverse impact against females in the selection process for Lab Assistant and that Asians were paid less than similarly situated non-Asian… Continue Reading

For “Labor Day” (get it?): Three pregnancy cases from the EEOC

Posted in Discrimination, Equal Pay, HR, Pregnancy
Happy Labor Day Weekend, y’all! The month of August was not kind to the Equal Employment Opportunity Commission. The EEOC’s wellness regulations were shot down by a federal court in the District of Columbia, and earlier this week the agency was told that it could not require employers to report compensation data on the new EEO-1 Reports. But the… Continue Reading

EEO-1 “pay data” requirement is on hold: The details

Posted in Affirmative Action, Discrimination, Equal Pay, HR, Politics
NOTE FROM ROBIN: Last night, I posted briefly that the EEOC’s requirement, starting next March 31, that employers include compensation data in their annual EEO-1 reports had been suspended. We now have more information, and I have drafted a client bulletin that will go out this afternoon. Because the blog subscription and bulletin subscription lists are… Continue Reading

B&H Foto: From lawsuit to $3 million consent decree

Posted in Affirmative Action, Discrimination, Equal Pay, Harassment, Settlements
Louise Davies is an Affirmative Action Paralegal in Constangy’s Winston-Salem, North Carolina, office. For more than 15 years, she has helped employers develop affirmative action plans and respond to audits and on-site investigations by the Office of Federal Contract Compliance Programs. She also conducts diversity training for employers. Louise is a graduate of Wesleyan College in… Continue Reading

Are you ready for the new EEO-1 report?

Posted in Affirmative Action, Discrimination, Equal Pay, HR, Politics
The beginning of July conjures many images for Americans – barbecues, picnics, fireworks.  But for many employers, July also triggered preparation for the annual EEO-1 Report filing.  Until this year, covered employers were required to file their reports no later than September 30, and the data submitted had to be from any pay period in… Continue Reading

Trumpdate: Proposed budget shows “yuuuge” changes afoot in labor and employment arena

Posted in Affirmative Action, Benefits, Discrimination, Equal Pay, HR, Immigration, Labor Relations, Politics, Pregnancy, Safety, Unemployment, Wage-Hour
Yesterday, the Trump Administration released its proposed budget for Fiscal Year 2018, which runs from October 1, 2017, through September 30, 2018. Here are the highlights related to labor and employment law, and there are a BUNCH. The following is a compilation of a number of articles published in yesterday’s edition of Bloomberg BNA’s Daily Labor Report (paid… Continue Reading

Here’s more on that Google-OFCCP donnybrook*

Posted in Affirmative Action, Discrimination, Equal Pay
*Donnybrook: Named for the Donnybrook Fair near Dublin, “a notoriously disorderly event, held annually from 1204 until the middle of the 19th century.” Meaning a “free-for-all; brawl; a usually public quarrel or dispute.” I promised earlier this month to have more detail about that decision by an Administrative Law Judge in the case filed against… Continue Reading

Gender pay gap is primarily a result of personal choices — so, what can employers do?

Posted in Affirmative Action, Equal Pay, Work-Life Balance
A number of studies are showing that most, if not all, of the gender pay gap is explained by personal choices made by men and women. But how can employers protect themselves from claims of discrimination? The U.S. Bureau of Labor Statistics reports that, in 2015, women working full-time had median earnings that were 81 percent… Continue Reading

OFCCP versus Google: The battle continues.

Posted in Affirmative Action, Discrimination, Equal Pay
I posted in January about a lawsuit filed by the Office of Federal Contract Compliance Programs against Google, seeking to force Google to provide detailed information about its equal employment practices and affirmative action program, including compensation information. Google had already provided some information to the OFCCP but contended the information that it withheld was… Continue Reading

Weekly catch-up

Posted in Equal Pay, Wage-Hour
Lots going on in the Northeast these days! From Massachusetts, Connor Cobean of our Boston Office has a discussion of a state Superior Court decision that allows employees to sue for back wages and treble damages if their employers violate the Sunday blue laws. (Employers covered by the blue laws have to pay time and a half… Continue Reading

10 habits of highly effective HR professionals (April Fool’s edition)

Posted in Americans with Disabilities Act, Corporate Culture, Discrimination, Elections, Employment at Will, Equal Pay, Family and Medical Leave Act, Harassment, HR, Labor Relations, Politics, Protected Concerted Activity, Retaliation, Safety, Wage-Hour, Workers' Compensation
DEAR READERS: Before you accuse me of legal malpractice, take a look at tomorrow’s date.   Habit 1: Discriminate, retaliate, harass — have a ball! There’s a new sheriff in town, with a more employer-friendly, compliance-assistance-oriented U.S. Department of Labor (we think) and the nullification of burdensome regulations like the gone-and-not-lamented Fair Pay and Safe Workplaces Rule.… Continue Reading

Is the new EEO-1 form here to stay? Maybe yes, and maybe no . . .

Posted in Affirmative Action, Equal Pay
As we have previously reported, the new EEO-1 Form is set to be used as of March 31, 2018, for the October-December “snapshot” period in 2017. The new form will require federal contractors and employers with 100 or more employees to provide summary compensation data to the Equal Employment Opportunity Commission in each EEO-1 category, divided… Continue Reading

President Obama’s labor and employment legacy

Posted in Affirmative Action, Discrimination, Elections, Equal Pay, Gender Identity Discrimination, HR, Labor Relations, Politics, Protected Concerted Activity, Same-sex marriage, Sexual Orientation, Social media, Wage-Hour
NOTE FROM ROBIN: A portion of Jill’s remarks below appeared Tuesday morning in Law360 (paid subscription required). Notwithstanding what might happen over the next four (or eight) years, there is no question that President Barack Obama has left his mark on labor and employment law in some very important ways. Even if President-Elect Trump’s administration… Continue Reading

Weekly catch-up

Posted in Affirmative Action, Class actions, ConstangyTV, Elections, Equal Pay, FOCUS, Gender Identity Discrimination, Labor Relations, Protected Concerted Activity, Safety, Sexual Orientation, Wage-Hour, Work-Life Balance
Effect of Election 2016 on labor and employment law. We asked our practice group heads and some thought leaders to tell us how they think employers will be affected by a Trump Administration on specific labor and employment law issues. This client bulletin is packed with prognostication about what we may see in the areas of affirmative action and… Continue Reading

ConstangyTV is on the air!

Posted in Affirmative Action, Constangy News, ConstangyTV, Discrimination, Equal Pay, Gender Identity Discrimination, Pregnancy, Sexual Orientation
I am delighted to announce the launch of ConstangyTV’s Close-Up on Workplace Law, a new video series on labor and employment law issues. We’ll be offering these videos on a monthly basis, in addition to our newsletters and blog posts. Our debut is about the evolving definition of sex discrimination under federal law. Host Leigh Tyson, a… Continue Reading

Weekly catch-up

Posted in Affirmative Action, Discrimination, Elections, Equal Pay, Reference
The Equal Employment Opportunity Commission announced last week that it would indeed require all employers with 100 or more employees to file EEO-1 reports that contain compensation data by EEO category, race, ethnicity, and sex. The first compensation reports will be due March 31, 2018, for a “snapshot” period that will run from October 1 through… Continue Reading

EEO-1 reports will require comp information starting 2017-18

Posted in Affirmative Action, Discrimination, Equal Pay
The Equal Employment Opportunity Commission announced yesterday that it will indeed start requiring employers with 100 or more employees to include compensation information in their annual EEO-1 reports. This includes companies that are not federal contractors as well as those that are. The new reporting obligations will begin on March 31, 2018, for the 2017 calendar year.… Continue Reading

EEOC Small Business Resource Center: Two thumbs up!

Posted in Discrimination, Equal Pay, Gender Identity Discrimination, Genetic Information Non-Discrimination Act, GINA, Harassment, Pregnancy, Product Review, Retaliation, Sexual Orientation
I spent some time yesterday at the new Small Business Resource Center, which went live this week on the website of the Equal Employment Opportunity Commission. I think it’s great. Small businesses, which may be just below or at the cusp of coverage by federal anti-discrimination laws, are often confused about (1) whether they are covered, and (2)… Continue Reading

Hillary, or The Donald: A voting guide for employers

Posted in Benefits, Class actions, Discrimination, Equal Pay, Family and Medical Leave Act, Independent Contractor, Labor Relations, Lactation, Pregnancy, Sexual Orientation, Wage-Hour
As our regular readers know, Employment & Labor Insider is a non-partisan blog. But with the first Presidential debate coming on Monday night, I thought it would be helpful to look at the two major presidential candidates and their positions on issues of interest to employers. The following comes from each of the candidates’ websites, supplemented… Continue Reading

Contractor settles with OFCCP for more than $250K

Posted in Affirmative Action, Discrimination, Equal Pay, Settlements
Louise Davies is an Affirmative Action Paralegal in Constangy’s Winston-Salem, North Carolina, office. For more than 15 years, she has helped employers develop affirmative action plans and respond to audits and on-site investigations by the Office of Federal Contract Compliance Programs. She also conducts diversity training for employers. Louise is a graduate of Wesleyan College… Continue Reading

Notes from the Industry Liaison Group National Conference

Posted in Affirmative Action, Discrimination, Equal Pay, Gender Identity Discrimination, Harassment, Sexual Orientation
The 2016 Industry Liaison Group National Conference was held last week in Charlotte, North Carolina. Sylvia Smith, an Affirmative Action Specialist from our firm’s Atlanta Office, and I had the pleasure and privilege of attending and presenting this year. The headliners, as usual, were Patricia Shiu, Director of the Office of Federal Contract Compliance Programs, and… Continue Reading

Weekly catch-up

Posted in Americans with Disabilities Act, Discrimination, Equal Pay, Franchise, Wage-Hour
Massachusetts has had a “comparable worth” law forever, but Gov. Charlie Baker just signed some amendments that will make it easier for women (and men) to assert pay equity claims. In addition to making it easier for plaintiffs to prove that two jobs are “substantially similar,” the law prohibits asking for salary history before a conditional offer of… Continue Reading