Earlier this year, a federal court in Illinois decertified a small class of Physicians who alleged gender-based pay discrimination under the Equal Pay Act. Although not a groundbreaking appellate court decision, the opinion does provide a roadmap for employers facing EPA collective actions, which may gain traction in the wake of increasing media attention on pay disparities.
Continue Reading Decertified Class of Physicians Provides Helpful Reminders for EPA Collective Actions
Recently-introduced federal legislation could have a significant impact on equal pay class actions. On January 30, 2019, Democratic legislators reintroduced the Paycheck Fairness Act (H.R.7), which provides for various changes to the Equal Pay Act of 1963. Earlier versions of this bill, which was originally introduced in 1997, have all died in Congress. However, on February 26, 2019, the House Committee on Education and Labor voted in favor of H.R.7, which means the legislation will now be presented to the full House for a vote.
Continue Reading Proposed Legislation Could Change the Landscape for Equal Pay Class Actions
This morning, the U.S. Supreme Court punted a key Equal Pay Act case back to the Ninth Circuit because the decision’s author, Judge Stephen Reinhardt, passed away shortly before the decision was formally issued.
Continue Reading Supreme Court Vacates Deceased Judge’s Key EPA Decision
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
In response to a presidential memorandum directing the Department of Labor (“DOL”) to collect summary compensation data from federal contractors and subcontractors to combat pay discrimination, the DOL’s Office of Federal Contract Compliance Programs (“OFCCP”) recently proposed a rule calling on certain federal contractors to submit reports on employee compensation.
Continue Reading Department of Labor Proposes Rule Imposing New Reporting Requirements on Federal Contractors and Subcontractors
You’re Invited: Pay Equity Under The Obama Administration. Pay equity for women and minorities has been a priority throughout President Obama’s administration. President Obama has wielded his Executive power with increasing frequency in 2014. President Obama recently issued an Executive Order and a Presidential Memorandum that target the pay practices of federal contractors. Both actions are designed to increase transparency in employee compensation. They may have significant consequences for covered employers.
Continue Reading Pay Equity Under The Obama Administration: What Do The Latest Executive Actions Mean For Your Company?