Approximately 21 states and several municipalities have enacted laws that prohibit inquiries by employers into the salary history of applicants. These laws are based primarily on the arguments that: 1) salary history does not accurately reflect an applicant’s qualifications and capabilities, or the market standard for similar positions; 2) relying on the salary history of
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Employers Receive Guidance from EEOC on New Pregnant Workers Fairness Act
Employers finally have some guidance regarding the Pregnant Workers Fairness Act (PWFA), which went into effect on June 27, 2023. On August 11, 2023, the Equal Employment Opportunity Commission (EEOC) issued a Notice of Proposed Rulemaking to implement the law. The proposed rule will now enter a 60-day comment period, during which interested parties can…
EEOC Issues Guidance on Sexual Orientation and Gender Identity Discrimination
The Equal Employment Opportunity Commission (“EEOC”) recently issued guidance and online resources to aid employers in avoiding sexual orientation and gender identity discrimination in the workplace. The guidance coincides with the one-year anniversary of the Supreme Court’s decision in Bostock v. Clayton County, finding that firing individuals because of their sexual orientation or transgender…
EEOC Limits Its Power to Bring “Pattern and Practice” Charges
Under Section 707 of Title VII of the 1964 Civil Rights Act (“Title VII”), the U.S. Equal Employment Opportunity Commission (“EEOC” or “the Commission”) has the authority to bring a suit when “a person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the…
Department of Labor Issues Summer Time Child Care FFCRA Guidance
As the coronavirus pandemic continues to disrupt multiple facets of life across the United States, questions continue to arise related to working parents caring for school aged children. On Friday, June 26, 2020, the Department of Labor (“DOL”) issued two Field Assistance Bulletins FIELD ASSISTANCE BULLETIN No. 2020-3 (FAB No. 2020-3) and FIELD ASSISTANCE BULLETIN…
U.S. Department of Labor Announces Proposed Rules Regarding Tip Credits and Tip Pooling
On Monday, October 7, 2019, the Department of Labor (DOL) issued new proposed rules regarding the circumstances in which employers may (1) apply a “tip credit” to satisfy their minimum-wage obligations under the Fair Labor Standards Act (“FLSA”) and (2) permit non-tipped employees to participate in mandatory tip-pooling arrangements.
1. The Proposed Rules abolish the …
Reminder and Insights Regarding the Deadline to Submit EEO-1 Component-2 Pay Data By September 30, 2019
No later than September 30, 2019, employers with 100 or more employees must file EEO-1 Component 2 to report workforce pay data for the years 2017 and 2018. In light of the approaching deadline, we want to update employers briefly on the status of the reporting obligation, offer some key tips for compliance, and finally,…
Drug Cost Transparency Rule Blocked
Employers who pay for health benefits for their employees are painfully aware of the impact rising drug prices and drug utilization have on their plan costs. In May, the Trump Administration, through the Centers for Medicare and Medicaid Services (“CMS”), issued a new rule requiring drug companies, effective on July 9, 2019, to include wholesale…
Department of Justice Revises Guidance for Employers on Controlling Use of Ephemeral Messaging Platforms
Last week, the Department of Justice issued some revisions to its guidance on enforcement of the Foreign Corrupt Practices Act. This guidance informs employers of what the DOJ looks for when assessing employers’ level of cooperation and compliance with the FCPA. Thus, employers take this guidance very carefully into account when developing their compliance programs.…
Pennsylvania Supreme Court Holds That Employers Have a Duty to Protect Employee Personal Identification Information from Cybersecurity Breaches
In today’s day and age, it is widely understood that no one is safe from a data breach. If you have been so fortunate as to escape fraudulent credit card purchases, data security breaches, or having your entire identity stolen, cybersecurity experts will tell you that is no longer a matter of “if,” but “when”…