Pay Equity Litigation Trends
August 01, 2017
New requirements and prohibitions on compensation practices around the country are making pay equity a hot topic. These obligations seek to address the "gender pay gap," which the latest reports estimate is at a little over 20%, with women across all occupations having median earnings around 78% of the median earnings of men.
The Equal Pay Act
August 01, 2017
This year, 25 states and the District of Columbia are considering legislation that would prohibit employers from asking job candidates about past salaries. The belief is that by setting employees' salaries based on what they were paid at their last job, employers may be perpetuating gender discrimination that began long ago.
WannaCry Attack Is a Wakeup Call for Cyber Preparedness
August 01, 2017
Until May 12, 2017, the more highly publicized ransomware incidents were localized targets impacting only one or a small number of businesses. WannaCry made it clear that ransomware could reach a broad cross-section of computers worldwide, at essentially the same time. There are very few, if any, businesses that can safely say they are not targets for cyber-criminals, because at the very least, businesses have personnel records for their employees.
The 'Faltering Company' and 'Unforeseen Business Circumstances' Exceptions Under The WARN Act
July 07, 2017
<b><i>Traps for the Unwary or Lifesavers for the Unlucky?</b></i><p>The WARN Act contains several affirmative defenses that provide employers with a complete defense to liability under the statute when a company's exigent condition forces an immediate cessation of operations. This article identifies the key features (including the benefits and drawbacks) of each.
Do Your Employment Practices Violate Antitrust Law?
July 01, 2017
This article provides critical background on DOJ policy and practice, and highlights some of the steps corporate counsel can take during leniency or plea negotiations to secure non-prosecution protection for the company's employees as part of any antitrust corporate disposition.
New York City Bans Employers' Inquiries into Salary History
July 01, 2017
This article reviews recent developments in the law governing employer inquiries into and reliance on the compensation history of prospective employees — and analyze the New York City ordinance within this greater context.
Case Notes
July 01, 2017
The latest test of whether part of the Civil Rights Act can be read to bar workplace discrimination because of sexual orientation proved complicated on Jan. 20 a the Second Circuit. Here's a look at the case.
DOL Issues Final Regulations on Disability Benefits Claims Procedures
June 02, 2017
On Dec. 16, 2016, the DOL published final regulations on disability benefits claims procedures for any group plans governed by ERISA that provide for disability benefits (the "Final Rule"). This Final Rule applies to any disability claims filed on or after Jan. 1, 2018, and will apply not only to health and welfare plans that provide for disability benefits, but also any qualified retirement plans that may offer disability benefits.
Liability Releases for Background Checks Are Unlawful
June 02, 2017
The federal Fair Credit Reporting Act (FCRA) requires employers to first inform applicants and employees about the intent to obtain and use a background check to make employment-related decisions before the employers are permitted to actually get the background check. But what the law does not do is provide employers with a template disclosure or any concrete guidance on what the disclosure should say.
Your H-1B Petition Was Not Selected in the Lottery
June 02, 2017
<b><I>Now What?</I></b><p>Fairly soon, an estimated 150,000 businesses in the United States will receive some bad news: U.S. Citizenship and Immigration Services (USCIS) will not be considering their H-1B petitions for skilled foreign workers. The petitions will be rejected without any analysis as to their merits. Yet these businesses with a clear need for temporary help will have to explore other ways to keep their prospective or current employee working for their company, or face the possibility that the foreign worker may be forced to return home.
