Employment & Labor Insider

Employment & Labor Insider

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Tag Archives: Equal Pay

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

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

Weekly catch-up

Posted in Discrimination, FOCUS, Franchise, Labor Relations, Politics
You want my salary history? That’s sex discrimination! Well, actually, it’s a little more complicated. Kacy Coble of our Memphis Office has a great post over at FOCUS, our women’s leadership blog, about the perfectly legitimate, non-discriminatory reasons why employers sometimes use salary history in setting pay — and how alternatives may be even more unfair. As state and… 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

OFCCP sues Google for comp, employee data

Posted in Affirmative Action
Every year, typically in the fall, federal contractors across the nation receive scheduling letters from the Office of Federal Contract Compliance Programs informing them that they have been selected for compliance reviews. The letters request a wide range of information establishing the contractors’ compliance with Executive Order 11246, the Rehabilitation Act and the Vietnam Era Veterans’ Readjustment Assistance… Continue Reading

Employment and labor law developments (and a few other things) I’m thankful for

Posted in Affirmative Action, Discrimination, Elections, FOCUS, Gender Identity Discrimination, Labor Relations, Public Sector Employment, Settlements, Sexual Orientation
This has been a weird year for me. (And, no, I’m not even thinking about the election!) But I have much to be thankful for, and I hope you do, too. BREAKING THING TO BE THANKFUL FOR: Yesterday evening, the U.S. Department of Labor’s new rule governing white-collar exemptions under the Fair Labor Standards Act was struck… 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

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

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

EEOC amends its “pay survey” proposal a teensy bit. I still don’t like it.

Posted in Discrimination, Equal Pay
On February 1, the Equal Employment Opportunity Commission issued a proposal that would require employers with 100 or more employees to begin submitting compensation data with their annual EEO-1 reports. I wasn’t crazy about the idea. After receiving comments on its February proposal, the EEOC issued today a new proposal, which has tweaks to the… Continue Reading

California’s Fair Pay Act: Gender equity beyond compare

Posted in Equal Pay, Only in California
Starting in January, California has rolled out Equal Pay Legislation 2.0—the new generation in equal pay legislation. It has become the first jurisdiction to adopt a true “comparable worth” standard for pay equity. Typically states follow the federal Equal Pay Act to require that employers pay men and woman alike for “equal work” which requires… Continue Reading

Vindicated, and it feels so good . . .

Posted in Discrimination, Equal Pay
The Washington Post “Fact Checker” column gave Two Pinocchios last week to the “79-cent pay gap factoid.” That’s the factoid that says women make only 79 cents for every dollar that men make. Debunking that dubious statistic has been my life’s work. And “factoid” was the Post‘s word, not mine! I am not just a blogger. I am… Continue Reading