On June 20, our partners Bill Dugan and Meredith Kaufman presented to the New York City chapter of the ACC on Minding the (Gender Pay) Gap. Along with two in-house counsel panelists, Meredith and Bill discussed strategies for complying with equal pay protections under state and local laws and narrowing the pay gap.

One clear theme of the panel discussion was that pay equity cannot be viewed in a vacuum. As Meredith explained:

With equal pay protections expanding, it’s a critical time for clients to identify and rectify unjustified pay disparities between men and women. An effective remediation plan may include salary increases, but employers also need to address systemic bias and harassment to root out pay inequality.

Another takeaway was the importance of maintaining the attorney-client privilege when conducting pay audits. Bill noted:

We regularly undertake pay audits, including an in-house analysis of data, for our clients.  Conducting these audits under privilege allows us to identify potential exposure and advise on strategies to reduce legal risk, while protecting the analysis from disclosure as much as possible.

For more on how Baker McKenzie is assisting clients with their gender pay and pay equity compliance, please visit our Gender Pay Gap webpage.

In our latest episode, listen to partners Arthur Rooney and Mike Brewer discuss the recent decision from the US Supreme Court regarding class action waivers in arbitration agreements.

Download this episode (and more) on  iTunes | Android | Stitcher | TuneIn | Google Play.

In late May, California announced new amendments to the Fair Employment and Housing Act (FEHA) strengthening the protections afforded to applicants and employees, including those who are undocumented, on the basis of national origin. The changes go into effect July 1, 2018. The new regulations significantly broaden the definition of “national origin” as well as conduct that constitutes discrimination based on national origin.

Continue Reading California Expands National Origin Protections In The Workplace

Recent guidance issued by the NLRB General Counsel Peter Robb, the NLRB’s chief prosecutor, is a continuing testament to the NLRB’s impact on the changing legal landscape regarding workplace rules. On June 6, 2018, Peter Robb issued a 20-page Memorandum to the NLRB Regional Offices titled “Guidance on Handbook Rules Post-Boeing.”

Continue Reading The NLRB Issues Useful Guidance Providing Additional Clarity On Work Rules

Originally posted in the Daily Journal.

The California Supreme Court recently made a sweeping change to California’s gig economy. In Dynamex Operations West, Inc. v. Superior Court, the Supreme Court ruled that in deciding whether a worker is an employee or an independent contractor, the employer must begin by presuming that the worker is an employee or an independent contractor, the employer must begin by presuming that the worker is a common law employee.

Although the Dynamex ruling is limited to classifying workers under California’s wage orders, its practical effect will be much broader. Employers commonly use one definition of employee for wages, hours and working conditions, including employee benefit plan eligibility. The impact of the Dynamex decision on employee benefit plans that are subject to the Employee Retirement Income Security Act of 1974 is an open question. It will turn on the language found in each of those plans.

Click here to read on about the impact of the decision on employee benefit plans.

In a narrow ruling on June 4, the Supreme Court of the United States ruled in favor of a Colorado baker who refused to bake a cake for a couple celebrating a same-sex wedding on the basis of his religious opposition to same-sex marriages. (Same-sex marriages were not legal in Colorado at the time.) After the baker rebuffed the couple in 2012, they filed a charge with the Colorado Civil Rights Commission pursuant to the Colorado Anti-Discrimination Act (CADA) which prohibits discrimination based on sexual orientation in a “place of business engaged in any sales to the public and any place offering services . . . to the public.”

Continue Reading SCOTUS Narrowly Rules In Favor Of Baker In Same-Sex Confectionery Controversy In Fact-Specific Decision

Two recent events in the US vividly illustrate the growing centrality of gender pay equity issues. On one side of the ledger, in early April 2018, the US Court of Appeals for the Ninth Circuit, in Rizo v. Fresno County Office of Education, held that an employee’s prior salary—either alone or in a combination of factors—cannot be used to justify paying women less than men in comparable jobs. On the other side of the ledger, the US Department of Labor’s Office of Federal Contract Compliance Programs, on April 20, 2018, announced that it is upending standards implemented during President Obama’s administration designed to promote gender pay equity among federal contractors. Under this new policy, employers will be able to decide for themselves how their employees should be categorized and analyzed for purposes of fair pay investigations by the government.

These two US events are merely the latest examples of increased activity around the globe with regard to the issue of pay equity.  Click here to read more.

The legal landscape for employers – particularly those in New York – has evolved significantly over the last few months. On April 12, 2018, Governor Cuomo signed the FY 2019 Budget Bill, which includes significant measures targeting sexual harassment in the workplace, such as harassment prevention policy and training requirements. Not to be outdone, on May 9, 2018, Mayor de Blasio signed the Stop Sexual Harassment in NYC Act, a collection of bills that require anti-harassment training and increase worker protections against sexual harassment.

Continue Reading New York Employers: Prepare For Myriad Changes To Harassment Prevention, Sick Time And Accommodation Laws

(Many thanks to George Avraam and Susan MacMillan for sharing this insight with us.)

Despite the longstanding nature of equal pay and pay equity legislation in Canada, on average, women still earn less than men. The Ontario Government and the Federal Government recently took steps aimed at improving women’s equality in the workforce and addressing the gender pay gap in these jurisdictions.

Click  here to download the full report, which includes helpful information on how employers can prepare for Ontario’s upcoming Pay Transparency Act.

But Are They Right for Your Workforce?

The US Supreme Court issued a highly anticipated decision on May 21, 2018 in Epic Systems Corp. v. Lewis, holding that class action waivers in arbitration agreements are fully enforceable, notwithstanding the right to engage in concerted activity under the National Labor Relations Act.

Although employers now have a tool to effectively eliminate most employment class actions through the use of arbitration agreements, several other important nuances remain to be considered before rolling out an arbitration program.

Click here to learn more about the decision and what it means for your business.