Wage & Hour

Expert Analysis

• New Rulings Show Job Duties Crucial To Equal Pay Act Claims

  

  Two recent decisions from the Fourth and Tenth Circuits emphasize that it is an employee's actual responsibilities, and not just their job title, that are critical to a pay discrimination claim under the Equal Pay Act and can offer some lessons for employers in avoiding and defending these claims, say Fiona Ong and Lindsey White at Shawe Rosenthal.

• Tips For Handling Employee Pay Scale Asks As Laws Expand

  

  Due to the increase in pay transparency legislation, companies are being forced to get comfortable with pay-related discussions with their employees, and there are best practices employers can apply to ensure compliance with new laws and address the challenging questions that may follow, say Maria Stearns and Joanna Blake at Rutan & Tucker.

• Eye On Compliance: Employee Biometric Data Privacy

  

  Following recent high-profile developments in Illinois Biometric Information Privacy Act lawsuits and an increase in related legislation proposed by other states, employers should anticipate an uptick in litigation on this issue — and several best practices can help bolster compliance, say Lisa Ackerman and Laura Stutz at Wilson Elser.

• Water Cooler Talk: Trade Secret Lessons From 'Severance'

  

  In light of the recently enacted Protecting American Intellectual Property Act, attorneys at Troutman Pepper chat with Tangibly CEO Tim Londergan about trade secret protection as it relates to the show “Severance,” which involves employees whose minds are surgically divided between their home and work lives.

• The 7th Circ.'s Top 10 Civil Opinions Of 2022

  

  Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2022, and explain how they may affect issues related to antitrust, the False Claims Act,​ ​federal jurisdiction and more.

• 5 Recruiting Trends Shaping Employment Law's New Frontier

  

  As remote recruiting comes under more legal scrutiny at the state and local level, U.S. employers should mitigate risk by practicing pay transparency, developing compliant background check processes, training managers on proper data storage, and more, say Jessica Shpall Rosen and Kevin Doherty at Greenwald Doherty.

• Independent Contractor Laws Are Ignoring Economy's Evolution

  

  Over the last year, federal and state approaches to independent contractor classification have demonstrated an inability to adjust to changes in the economy — save for a 12-factor test proposed in New York City, which would have balanced gig economy prosperity and worker protections, say attorneys at Greenberg Traurig.

• How To Navigate New State Pay Transparency Laws In 2023

  

  A recent wave of state pay transparency laws has confused many employers about how to recruit across state lines, so companies may consider overhauling recruiting practices, standardizing job postings and including hourly wage or salary ranges for all positions, say Sara Higgins and Michael Ryan at Foley & Lardner.

• Wage Transparency Laws Create Labor Cert. Hurdles

  

  A business-as-usual approach to labor certification amid the influx of new wage transparency laws in different jurisdictions is untenable, especially for employers with liberal remote work options and locations in numerous states, say Eleanor Pelta and Whitney Lohr at Morgan Lewis.

• Key Calif. Law Changes Employers Should Know This Year

  

  With many of the California employment laws passed last year already in effect, now is the time for companies to update their handbooks and policies regarding off-work cannabis use, reproductive health protections, pay data reporting and more, say Lisa Reimbold and Monique Eginli at Clark Hill.

• Top 10 Employer Resolutions For 2023

  

  A recent wave of pivotal judicial, legislative and executive actions has placed an even greater responsibility on employers to reevaluate existing protocols, examine fundamental aspects of culture and employee relations, and update policies and guidelines to ensure continued compliance with the law, say Allegra Lawrence-Hardy and Bria Stephens at Lawrence & Bundy.

• Preparing For Potential Changes To DOL's Overtime Rules

  

  While the U.S. Department of Labor is still reviewing employer exemptions from Fair Labor Standards Act wage and overtime requirements, and it is difficult to predict changes the department may ultimately propose, there are a few steps that employers can take now, say Juan Enjamio and Daniel Butler at Hunton.

• Cost-Splitting Arbitration Clauses Threaten Workers' Rights

  

  A recent Law360 guest article offered employers a guide to enforcing cost-splitting arbitration provisions in employment contracts but failed to recognize that these steps deter employees from asserting statutory claims for employment law violations, says Hugh Baran at Kakalec Law.