Equal/Fair Pay

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Earlier this month, the U.S. Department of Labor’s Wage and Hour Division issued a Notice of Proposed Rulemaking (“NPRM”) seeking to repeal a 2011 rule that significantly impacted the compensation of hospitality workers. Specifically, the NPRM proposes to allow hospitality employers to control the distribution of the tips they pool assuming their employees are paid the full minimum wage.
Continue Reading Department of Labor Makes It Easier for Employees to Share Tips – Rolls Back Prior Restrictions

Equal pay issues continue to be a focus for new state legislation and of the private plaintiff’s bar. Partner Emily Burkhardt Vicente and Counsel Christy Kiely discuss how employers can best position themselves to defend against claims of compensation discrimination.
Continue Reading Labor & Employment Quick Takes: What Companies Need to Know about a Pay Equity Analysis

Date: Thursday, November 16, 2017
Time: 12:00 PM to 1:00 PM PST

Please join Hunton & Williams LLP for a complimentary webinar that will address current concerns faced by employers in California. This program, co-sponsored by Welch Consulting, will examine the following issues:

  • Fair Pay issues
  • Recent PAGA concerns
  • “Ban the Box” and

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The day employers have been waiting for, has finally arrived. The government has indefinitely stayed the requirement that companies begin reporting “Component 2” wage data in their EEO-1 Reports. Companies around the country are breathing a collective sigh of relief.
Continue Reading White House Blocks New EEO-1 Wage Reporting Requirements

Imagine that you are a company with two openings for the same position. After selecting the two most qualified candidates, you offer each candidate a salary equal to his or her prior salary, plus 5%, pursuant to your established policy for setting new hire salaries. On its face, your policy has nothing to do with sex, but does it violate the Federal Equal Pay Act?
Continue Reading Ninth Circuit Holds Prior Salary Is A “Factor Other Than Sex” Under Equal Pay Act

On March 27, 2017, President Trump signed H.J. Res. 37, blocking the Fair Pay and Safe Workplaces Rule, the controversial rule enacted by the Federal Acquisition Regulatory (FAR) Council in August 2016, that legislators have criticized as a method to blackball federal contractors. The bill’s signing follows the U.S. Senate’s March 6, 2017 vote of 49-48 (along party lines) to formally disapprove of the rule.
Continue Reading Trump Acts to Block the Fair Pay and Safe Workplaces Rules

Beginning next week, on March 13, 2017, San Jose employers must offer existing part-time employees additional work hours before hiring any temporary, part-time, or new worker. This is a result of a vote last fall by voters in San Jose, California who approved “The Opportunity to Work Ordinance” (Ordinance No. 2016.1, codified at Chapter 4.101 of the San Jose Municipal Code) – a local measure that directs employee hours and hiring practices.
Continue Reading San Jose Joins the Growing List of Cities Regulating Employee Hours

What is the goal of tomorrow’s “A Day Without A Woman”? According to organizers, “[t]he goal is to highlight the economic power and significance that women have in the US and global economies, while calling attention to the economic injustices women and gender nonconforming people continue to face.” Organizers are looking to end workplace discrimination and urge employers to adopt benefits such as paid family leave, sick days, adequate healthcare, fair pay, vacation time, and healthy work environments.
Continue Reading What Employers Need to Know About “A Day Without A Woman”