This month the California Supreme Court reaffirmed that workers’ compensation laws are the exclusive remedy for an employee’s injuries. In King v. CompPartners, the Court ruled that an employee’s tort claims against a utilization review company and a doctor performing a mandatory utilization review were preempted. In so doing, the Court reminded employees that the Court construes the Workers Compensation Act (WCA) liberally and broadly, in favor of awarding workers’ compensation, not in permitting civil litigation.
California Clarifies Its Salary History Ban, Making It Easier For Employers To Comply
Since January 1, 2018, California law has prohibited employers from asking applicants about their salary history. Earlier this month, Governor Jerry Brown signed AB 2282 into law to clarify several aspects of the salary history ban.
Continue Reading California Clarifies Its Salary History Ban, Making It Easier For Employers To Comply
California Supreme Court Leaves Open The Possibility Of A De Minimis Defense For Wage And Hour Claims – But Not Under The Facts Of This Case
Last week, in Troester v. Starbucks Corporation (Case No. S234969), the California Supreme Court weighed in for the first time on the viability of a de minimis defense to California wage and hour claims.
Many commentators have since rushed to declare that “de minimis” is dead. Not so.Continue Reading California Supreme Court Leaves Open The Possibility Of A De Minimis Defense For Wage And Hour Claims – But Not Under The Facts Of This Case
UK: New CEO Pay Ratio Reporting Requirements
On June 11, the UK Government released a draft statutory instrument (The Companies (Miscellaneous Reporting) Regulations 2018) and accompanying FAQs, which, subject only to Parliamentary approval, will require additional disclosures to be made in the Annual Reports of Listed PLCs* for financial years beginning on or after January 1, 2019. These
Pay Equity In The US
Originally published by Bloomberg Law.
Pay equity is a hot button issue for employers in the United States for a number of reasons—reputational concerns are triggered with increasing shareholder demands for transparency; activist investor groups are pushing companies, particularly in the financial services and technology industries, to disclose gender pay data; and, in the wake
Mind The Gap–Equal Pay Protections Expanding At Home And Abroad
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
SCOTUS Narrowly Rules In Favor Of Baker In Same-Sex Confectionery Controversy In Fact-Specific Decision
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
Spotlight On The Gender Pay Gap In Canada
(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
US Supreme Court Affirms Employer Use Of Class Action Waivers In Arbitration Agreements
Welcome news for employers: companies can require their workers go through arbitration to pursue any legal claims against their employers, rather than go to court or join together in class lawsuits or grievances, the US Supreme Court held today in a 5-4 vote.
Writing for the majority in three consolidated cases (Epic Systems
Growing Caregiver Benefits In The US Workplace And Beyond
Happy Mother’s Day! 
May 13 is Mother’s Day in the US, Australia and Canada. As such, it feels apropos to recognize the latest initiatives in the US and around the world aimed at increasing opportunities at work for working mothers (and caregivers more generally). Government-mandated maternity, paternity and parental leave and benefits, as well as