Showing 8 posts in Equal Pay Act.
Use of Salary History Taboo? Ninth Circuit Weighs In
Use of one's last salary or salary history to determine compensation can be a proxy for sex discrimination. Once considered a legitimate "factor other than sex," some jurisdictions are banning the use of a job candidate's salary history to determine compensation as it has perpetuated pay inequities between the sexes. The Ninth Circuit Court of Appeals is the highest-profile court to address, and ban, use of salary history in the employment setting in most (but not all) cases. More ›
The 12 days of California Labor & Employment Series – Day 2 "Salary History"
It's the end of the year and while everyone is busy, employers in California should be aware of new laws and regulations that go into effect on January 1, 2018. In the spirit of the season, we are using the next "12 days of the holidays" to blog about one California law each day and the law's impact on California employers. On the Second Day of Christmas, my Labor and Employment attorney gave to me – two turtledoves and AB 168. More ›
Massachusetts Passes Radical Equal Pay Law
On August 1, 2016, Massachusetts Governor Charlie Baker signed An Act to Establish Pay Equity, which as the name aptly suggests, seeks to ensure equal pay for comparable work for all Massachusetts workers and equal opportunity to earn competitive salaries. The Act will take effect on January 1, 2018.
The new law prohibits any wage disparity between genders for “comparable work.” The statute defines “comparable work” as “work that is substantially similar in that it requires substantially similar skill, effort and responsibility, and is performed under similar working conditions; provided, however, that a job title or job description alone shall not determine comparability.” More ›
DOL Updates Federal Contractor Regulations Prohibiting Sex Discrimination for First Time Since 1970
On Tuesday, the U.S. Department of Labor announced a final rule to expand sex discrimination guidelines for federal contractors and subcontractors. The final rule updates—for the first time in over 40 years—the Office of Federal Contract Compliance Programs' sex discrimination regulations to align them with current interpretations of Title VII of the Civil Rights Act of 1964 and the realities of today's diverse workforce. More ›
Sixth Circuit: No Gender Bias in Wage Difference between Male and Female Counterparts
In this case, the employee began working with the auto parts manufacturer when she was a student. After she graduated, she was hired as a test engineer with the same starting salary as the other engineering graduates. More ›
Eighth Circuit: Business – Judgment Jury Instruction Is Inappropriate For Claim Under Equal Pay Act
The Eighth Circuit has issued a decision which serves as a clear reminder to employees that the federal Equal Pay Act is a strict liability statute. Basically, this means that an employer may not be able to avoid liability by simply articulating a non-discriminatory reason for its actions, as it could in a Title VII discrimination claim. Rather, when a female employee shows that she was paid less than a male employee for the same work, the employer can avoid liability under the Act only by affirmatively proving that it had a justification for the disparity in pay. More ›
Female Manager may Proceed with pay Disparity-Gender Discrimination Claim
The concept of equal pay for equal work seems simple to understand and apply. If Jan and Joe have similar education, skills, and experience, and perform similar work, it is reasonable to assume that their pay is also the same. Unfortunately, this is not always the case, even though the Equal Pay Act has been on the books for nearly 50 years. The Seventh Circuit recently dealt with this issue in King v. Acosta Sales & Marketing, Inc.. (11-3617, Mar. 13, 2012). Plaintiff, a sales manager, performed the same duties and responsibilities as her male peers and was highly successful -- in fact, more successful than many of them, yet, her salary, both when she started and when she ended her job, was substantially lower than that of her male co-workers. The numbers were shocking disproportional, with the highest paid male sales managers often earning two to three times more than she made. More ›
Help us, Help you: EEOC asks for Input on Regulation Reforms
In a piece of beauracractic master craftsmanship, the EEOC has asked for input on possible regulatory reform by soliciting "Public Comment on Plan for Retrospective Analysis of Significant Regulations." From what we can discern from the press release, the agency is taking a serious look at stream-lining and improving the regulations covering the enforcement of six employment nondiscrimination laws: More ›
Topics
- Older Workers
- New York Labor Law
- Opinion Letter
- Hours Worked
- Compensable Time
- Time Records
- Commuting Time
- Equal Pay for Equal Work
- Rest Period
- Wage Order 9
- 24-hour shifts
- ambulance attendant
- meal period
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- premium wage
- Audit
- automobile sales exemption
- fair reading
- narrow construction
- job classification
- job classification audit
- Temporary Schedule Change
- Fair Workweek Law
- New York City
- Black Lives Matter
- 42 U.S.C. s. 1981
- disparate treatment
- Racial Discrimination
- Severe & Pervasive
- Objectively Offensive
- Subjectively Offensive
- Massachusetts Equal Pay Act
- MEPA
- Attorney General Guidance
- Comparable Work
- Salary History
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- Self Evaluations
- Florida Civil Rights Act
- Opposition
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- 2nd Circuit
- equality
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- FCRA
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- Wisconsin Fair Employment Act
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- 42 U.S.C. § 12203(b)
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- State of Nevada v. US Department of Labor
- Family Medical Leave Act
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- employer sponsored
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- M.G.L. Chapter 151B
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- Employment Contract
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- only when rule
- Wisconsin Court of Appeals
- Department of Homeland Security
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- Massachusetts Supreme Judicial Court
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- Hawkins-Slater Medical Marijuana Act
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- Child Labor Laws
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- ERISA section 4(b)(2)
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- Salary inquiry
- pay history
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- Patient Protection and Affordable Health Care Act of 2009
- Fairfax Memo
- American Health Care Act
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- Section 8
- marijuana
- SEC
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- Injuctive Relief
- final rule
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- Trump
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- minimum wage
- executive order
- eeo laws
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- Section 7
- Unfair labor practice
- strike
- collective bargaining
- permanent replacement employees
- burden shifting
- convincing mosaic
- evidentiary burdens
- bereavement
- unpaid leave
- confidentiality agreement
- employee handbook
- employer policies
- misappropriation
- defendant trade secrets act of 2016
- pay equity
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- unemployment
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- Illinois Minimum Wage Law
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- Title VII of the Civil Rights Act of 1964
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- United States Supreme Court
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- Opinion
- Independent Contractor v. Employee
- Removal
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- Freedom of Speech
- Exempt Status
- Picket
- Gender Bias
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- Eighth Circuit
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- Meal & Rest Break
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- Nebraska
- Religious Discrimination
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- 6th Circuit Court of Appeals
- 5th Circuit Court of Appeals
- Hostile Work Environment
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- ADA
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- Disability
- South Dakota
- ADEA
- OWBPA
- Settlement Agreement
- Texas
- Tenth Circuit
- California
- FMLA
- Estoppel
- Retaliation
- Benefits
- Wages
- Mandatory Arbitration
- ERISA
- Non-compete
- Age Discrimination
- Accommodation
- 9th Circuit Court of Appeals
- Electronic Communications
- Texting
- Second Circuit
- Tax
- Wage & Hour
- Class Action
- Ninth Circuit
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- Volunteers
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- GINA
- Title VII
- Massachusetts
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- Bargaining
- Seventh Circuit
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- Undocumented Workers
- Health Care
- Supreme Court
- HIPAA
- HHS
- Wellness
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- Supervisor
- Burden of Proof
- Pregnancy Discrimination
- Pretext
- Internships
- PAGA
- Similarly Situated
- Termination
- Union Dues
- Class Certification
- Overtime
- Rest Breaks
- Exemption
- Third Circuit
- Fitness-For-Duty
- Multiple Sclerosis
- Labor
- Missouri
- D.C. Circuit
- Fourth Circuit
- CFAA
- Injunction
- First Circuit
- Collective Action
- Meal Breaks
- USERRA
- Federal Contracts
- OFCCP
- Employment Verification
- I-9
- Gender Discrimination
- Title IX
- CAFA
- California Supreme Court
- Legislation
- President Obama
- 42 USC 1983
- Failure to Accomodate
- Reasonable Accomodation
- Employment
- Hiring
- Sanctions
- Sixth Circuit
- Michigan
- Race Discrimination
- Florida
- Workers Compensation
- Corporations
- Standing
- 17200
- Statute of Limitations
- UCL
- Subpoena
- Fifth Circuit
- Travel Time
- Deaf
- Dues
- Class Waiver
- Ohio
- Witness Statements
- Military
- Illinois
- Virginia
- Wrongful Termination
- Religion
- DACA
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- Independent Contractors
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- Dodd-Frank
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- Severance
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- Rehabilitation Act
- Right-to-Sue
- Policies
- Social Media
- Loss of Consortium
- Oklahoma
- Pension
- MSHA
- Medical Examination
- Exhaustion of Remedies
- Election
- WARN
- Title VII Retaliation; Faragher/Ellerth
- Salespersons
- EPA
- Equal Pay Act
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- National Origin Discrimination
- Partnership
- FEHA
- Medical Condition
- Background Checks
- Gender Identity
- Georgia
- Ministerial Exception
- FAA
- SSA
- Sex Discrimination
- Education
- Misclassification
- Choice of Law
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- SOX
- Public Records
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- Gross
- McDonnell Douglas
- Complaints
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- Maternity Leave
- Regarded As
- Equal Protection
- ADAAA
- Ledbetter Act
- Recess Appointment
- White House
- California Employment
- Agreements
- Seperation
- DOT
- FMCSA
- Attorney's Fees
- Reporting Time Pay
- Split Shift Pay
- DOL
- Punitive Damages
- Injuries
- Restrictions
- Stock
- Trial
- Verdict
- Back Pay
- Polygraph
- Damages
- LMRA
- VEBA
- Layoff
- Civil Rights
- Defamation
- OSHA
- AMD
- HIV
- HR
- Bankruptcy Code
- Secretary Solis
- Marital Discrimination
- Las Vegas
- Federal Register
- PTSD
- Iraq
- Fourteenth Amendment
- Forum-Selection Clause