California employers must adjust to new laws on leave, pay, criminal history

October 17, 2017 0 COMMENTS

Pay equity, parental leave, and criminal history are hot topics that have been grabbing attention for some time, and employers in California now need to prepare for three newly signed laws addressing those issues.

The new laws include restrictions on employers asking applicants questions related to salary history and criminal history and impose new parental leave requirements on small employers.

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New law bans New York City employers from asking for salary history

October 11, 2017 0 COMMENTS

by Charles H. Kaplan and Theresa M. Levine

Employers in New York City will be prohibited from asking applicants about their previous salary when an amendment to the New York City Human Rights Law (NYCHRL) goes into effect on October 31.

The amendment prohibits employers from asking about applicants’ wages, salaries, benefits, and other compensation history during the process of hiring or negotiating an employment contract. Also, the amendment prohibits employers from asking an applicant’s current or prior employer about wages and makes it unlawful for an employer to search publicly available records or reports to obtain an applicant’s salary history.

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All eyes on Philly: Businesses launch second challenge to city’s salary history ban

June 13, 2017 0 COMMENTS

For a second time, a Philadelphia business group has asked a judge to block the city’s ban on salary history questions, arguing that the law infringes on business’ free-speech rights.

The law also would prevent businesses in the city from keeping pace with competitors, the Chamber of Commerce for Greater Philadelphia said in a statement. “The inevitable consequences will be companies choosing to do business elsewhere and the loss of jobs for city workers.”

The challenge may serve as a test case for similar bans being adopted around the country.

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NCAA rules limiting payments to college athletes may violate antitrust laws

October 01, 2015 0 COMMENTS

by Nancy Williams

Certain NCAA rules designed to ensure “amateur status” of student athletes may violate federal antitrust laws, according to a decision of the U.S. 9th Circuit Court of Appeals.

The ruling came in a case filed by Ed O’Bannon, a former All-American basketball player at UCLA. O’Bannon discovered that his name, likeness, and identity were being used in a college basketball video game without his having given permission or receiving compensation. He filed a lawsuit against the NCAA claiming that its rules barring compensation for student athletes amounted to an unlawful restraint of trade and thus violated antitrust laws.

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Time for federal contractors to get ready for new pay transparency rule

September 10, 2015 0 COMMENTS

Federal contractors need to be preparing now for the U.S. Department of Labor’s (DOL) new pay transparency rule, a rule going into effect in January that is likely to present challenges to a number of employers, according to an attorney familiar with its provisions.

“This rule appears to me to be part of the overarching intention of the agency to provide for more defined and broader rights for workers,” Jo Ellen Whitney, an attorney with the Davis Brown Law Firm in Des Moines, Iowa, said after publication of the rule was announced September 10. “Any time we add a section to the law that would broaden coverage or create a new category of discrimination or retaliation, we create employer issues. This is not because employers will violate the law, but because it is uncertain how it will be used to support any potential employee claim.”

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Comment period on OFCCP’s proposed regulation on pay secrecy closing

December 09, 2014 0 COMMENTS

by Emily L. Bristol

The comment period for a new rule prohibiting federal contractors from having pay secrecy policies will come to a close on December 16.

The U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) regulation, “Government Contractors, Prohibitions Against Pay Secrecy Policies and Actions,” would prohibit contractors from taking action against applicants or employees because they were discussing, inquiring about, or disclosing their compensation or the compensation of another applicant or employee. The proposed regulation also includes:

  • Definitions for key terms such as “compensation,” “compensation information,” and “essential functions”;
  • An obligation to disseminate a new OFCCP-mandated nondiscrimination provision to employees and applicants; and
  • A defense for the discipline of an employee, such as an HR employee, who improperly discloses employee pay absent a separate legal obligation to disclose the information.

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Comment period for rule on federal contractor compensation data extended

November 03, 2014 0 COMMENTS

The U.S. Department of Labor (DOL) has extended the comment period for a proposed rule that would require federal contractors and subcontractors to submit an annual equal pay report to the Office of Federal Contract Compliance Programs (OFCCP).

The 60-day extension means comments must be submitted by January 5, 2015. Interested parties can read and comment on the proposed rule, which was published in the August 8 Federal Register, by visiting www.dol.gov/ofccp/epr.html.

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Federal contractor ‘pay transparency’ rule up for comment

September 17, 2014 0 COMMENTS

by Tammy Binford

The U.S. Department of Labor (DOL) has published a proposed rule aimed at ensuring that employees of federal contractors are allowed to discuss their compensation. The proposed rule, which was published in the September 17 Federal Register, gives interested parties until December 16 to submit comments.

The rule’s language prohibits federal contractors and subcontractors from firing or otherwise discriminating against employees or applicants who discuss, disclose, or inquire about their compensation or another employee’s or applicant’s compensation.

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OFCCP to issue proposed rule for federal contractors’ collection of comp data

August 06, 2014 1 COMMENTS

by Federal Employment Law Insider

The U.S. Department of Labor (DOL) has announced the issuance of the long-awaited proposed rule requiring federal contractors and subcontractors to submit an annual Equal Pay Report on employee compensation to the Office of Federal Contract Compliance Programs (OFCCP). The rule is scheduled to be published in the Federal Register August 8, and all comments must be received within 90 days after the date of publication.

This notice of proposed rulemaking (NPRM) would amend the current regulations by adding a requirement that certain federal contractors and subcontractors supplement their EEO-1 Report with summary information on compensation paid to employees, as contained in the W-2 forms, by sex, race, ethnicity, and specified job categories as well as other relevant data points such as hours worked and the number of employees.

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Flexible work, job protection, paid leave at heart of White House summit

June 23, 2014 0 COMMENTS

by Tammy Binford

President Barack Obama is launching a new effort aimed at increasing protections, opportunities, and wages for workers to create what the White House envisions as a 21st century workplace.

The president, First Lady Michelle Obama, Vice President Joe Biden, and Dr. Jill Biden are hosting the White House Summit on Working Families on June 23. The agenda calls for sessions focusing on hourly workers, compensation, the structure of the workplace, STEM (science, technology, engineering, and math) careers, and nontraditional jobs, among other topics.

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