Discrimination and Retaliation

On February 1, 2018, the Office of Federal Contract Compliance Programs (OFCCP) sent 1,000 Corporate Scheduling Announcement Letters (CSALs) to federal contractors informing them that they may be audited for compliance with federal non-discrimination requirements/affirmative action plans.

Continue Reading Federal Contractors: Be Prepared For An Audit In 2018

Last week the EEOC released its charge statistics from fiscal year 2017, which ran from Oct 1, 2016 through Sept 30, 2017.

  • Retaliation was the most common claim in FY 2017, followed by race discrimination, disability discrimination, sex discrimination (all types, including sexual harassment), age discrimination, national origin discrimination, and religious discrimination.
  • Charges were down a bit in all categories, but monetary relief was up in LGBT cases and, in sexual harassment cases, was at the highest level since 2010. BUT — note that the EEOC’s fiscal year ended before the #MeToo movement began so we predict the 2018 statistics will paint a very different picture.
  • Further, note that the EEOC’s new online portal, launched in November 2017, which makes it incredibly easy for individuals to sign in and file charges.

Continue Reading EEOC FY 2017 Statistics Recap: Retaliation Claims Charge Ahead

You’re invited to our live Annual California Employer Update on December 14 in Millbrae, California to discuss the adventures ahead for California employers.

Join us as we sit around the proverbial campfire to discuss the most significant legal developments in 2017 and how to prepare for 2018.

Covered topics will include:

  • New wage and hour updates
  • California’s new salary history ban and what it means for recruiting
  • New transgender protections and guidelines for preventing workplace harassment
  • California’s new statewide ban-the-box law
  • Immigration changes affecting California employers
  • And much more!

We will also share a few international trends, such as:

  • The spread of global gender pay gap reporting regulations
  • New data privacy regulations in the EU effective in 2018
  • Pitfalls to avoid in outsourcing projects
  • What to know about protecting company trade secrets globally

See the invite and RSVP HERE!

Last Tuesday, in Hively v. Ivy Tech Community College, the Seventh Circuit Court of Appeals (with jurisdiction over the courts in Illinois, Indiana and Wisconsin) became the first federal circuit to explicitly rule that sexual orientation is covered by Title VII of the Civil Rights Act of 1964. In so doing, the Seventh Circuit created a split with every other court of appeals that has addressed the issue to date, thereby teeing the issue up for a possible showdown in the US Supreme Court.

To read more, click here.

On January 31, President Trump nominated Judge Neil Gorsuch from the Tenth Circuit Court of Appeals to fill the Supreme Court seat previously held by the late Justice Antonin Scalia.  Judge Gorsuch is known as a conservative, a textualist, and a talented writer—much like Justice Scalia.  So, what effect would a Justice Gorsuch have on employers? Continue Reading What Does Gorsuch Supreme Court Nomination Mean for Employers?

While no one knows exactly how Donald Trump’s election as President will impact labor and employment laws in the country, it is a safe bet that there will be changes. Because Trump was virtually silent on the campaign trail regarding the specifics of any employment law policies, we are left to speculate on any upcoming changes.  We provide a brief overview of our best educated guesses on what changes could be in store given the election results.  Given Trump’s position on government enforcement and his pro-business stance, there is an expectation of changes to several employment-related laws. Continue Reading What Trump’s Election Means for Employment Laws

November 8 is shaping up to have one of the largest voter turnouts in history.  As such, Texas employers should ensure they comply with election voting laws as they relate to employees.  Chapter 276 of the Texas Election Code sets certain requirements for employers.  Below are some do’s and don’ts for employers with voting employees: Continue Reading Voting Laws – Do’s and Don’ts for Texas Employers

Internal pay audits are rarely enjoyable. Depending on the scope, these audits can be complex and require detailed analysis.  However, in the current legal climate, an internal audit can be extremely valuable and greatly reduce, or even eliminate, potential liability for wage and hour claims as well as pay equity claims.  As previously reported on this blog, increased scrutiny into pay equity discrimination, changes in EEO-1 reporting requirements, the Department of Labor’s joint employment efforts, and the updated FLSA exemption rules continue to place companies at greater risk of government audits, fines, and lawsuits.

Many employers may have already reviewed and updated their policies in anticipation of the changes to the “white collar” FLSA exemptions, which go into effect on December 1, 2016. But if your company has not yet done so, or to the extent you have not conducted a more comprehensive internal audit, your company should strongly consider doing so as soon as possible for several reasons. Continue Reading Don’t Wait! Now Is the Time to Conduct an Internal Wage & Hour Audit

Title VII and the Equal Pay Act expressly ban the unequal treatment and compensation of female employees. Yet pay inequity can creep in to even the most well-intentioned companies.  As a consequence, standards for evaluating pay practices are rapidly evolving in both the public and private sectors, and many companies are pledging to improve wage equality.  What’s more, with the EEOC now targeting equal pay discrimination, we are primed to see a wave of class action lawsuits that could cost companies millions in back pay and damages.  Is your company keeping up? Continue Reading Pay Equity: Everything Employers Need to Know

On July 14, 2016, the U.S. Equal Employment Opportunity Commission (“EEOC”) unveiled its amended proposal to collect summary pay data from U.S. employers with 100 or more employees.  Under the proposed amendments, employers who already file an Employer Information Report (EEO-1) will be required to also report pay by gender, race, and ethnicity, across 12 pay bands, by March 31, 2018.  Covered employers should start considering now how to adjust their pay, collection, and reporting processes.

To learn more on the proposed regulation’s impact on employers, click here.