Federal News & Analysis

  • EEOC continues to pursue discrimination, retaliation cases

    The Equal Employment Opportunity Commission (EEOC) has been aggressively pursuing charges against employers accused of discrimination and retaliation by their employees. Recently, three employers chose to settle cases brought against them by the EEOC rather than defending themselves in court. Let's take a closer look.

  • Dueling proposals to raise salary threshold for FLSA's white-collar exemption

    The first two years of the Trump administration might have seemed quiet from a regulatory standpoint as many appointed positions remained unfilled. However, there has been some movement in recent weeks, with the introduction of proposals to amend the Fair Labor Standards Act (FLSA) through the regulatory and legislative process.

  • EEOC gets new chair and a quorum: What can employers expect next?

    On May 15, 2019, Janet Dhillon was sworn in as the 16th chair of the Equal Employment Opportunity Commission (EEOC) by Acting Chair Victoria A. Lipnic. Dhillon was first nominated by President Donald J. Trump on June 29, 2017. She was confirmed on May 8, 2019, and her term will end July 1, 2022.

  • Democrats propose overtime pay bill, House of Representatives holds hearing

    On June 11, 2019, Democrats introduced companion bills in the House of Representatives and the Senate that would amend the federal Fair Labor Standards Act (FLSA) to raise the minimum salary threshold for exempt white-collar workers. The bills propose to raise the threshold to more than $50,000—an amount far greater than both the current threshold of $23,660 and the $35,308 threshold currently under consideration by the Trump administration.

  • USWNT players aim to move the goalposts on pay equity

    Undoubtedly, the U.S. Women's National Soccer Team (USWNT) has garnered significant attention as the current number one team in the world as well as from its success during the 2019 FIFA Women's World Cup, which began on June 7 in France. However, in the months leading up to the World Cup tournament, the team gained attention for a far different reason.

  • OFCCP settles hiring, pay discriminationcases against contractors

    The Office of Federal Contract Compliance Programs (OFCCP) recently entered into settlement agreements with several federal contractors that allegedly engaged in discriminatory practices.

  • Quebec introduces bill to amend Pay Equity Act

    To tackle the problem of wage discrimination against female workers, Quebec passed the Pay Equity Act in 1996, requiring employers with 10 or more employees to provide equal pay for work of equal value. Under the Act, employers had a continuous obligation to maintain pay equity and adjust compensation accordingly. Because compliance with the Act hadn't met expectations, in 2009, Quebec replaced employers' ongoing obligation to maintain pay equity with a system of mandatory audits every five years in which employers are required to rectify unequal wages going forward.

  • JPMorgan Chase latest employer to settle parental leave discrimination claims

    On May 30, 2019, JPMorgan Chase & Co. agreed to pay $5 million to Derek Rotondo, who had alleged its parental leave policy discriminated against fathers. Rotondo filed a complaint with the Equal Employment Opportunity Commission (EEOC) after the company told him it presumed his wife was their child's primary caregiver, and because she was a teacher who had the summer off, she wasn't incapacitated, and he wasn't eligible for parental leave.

  • Supreme Court adds burden to employers' Title VII defense

    The U.S. Supreme Court ruled on June 3, 2019, that if an employer wants to argue that an employee's claim under Title VII of the Civil Rights Act of 1964 wasn't part of her charge with the Equal Employment Opportunity Commission (EEOC), it must act promptly to assert its defense that the Title VII claim was invalid. The employer will waive the defense if it doesn't challenge the Title VII claim at the outset by arguing the employee failed to exhaust her administrative remedies by not observing the charge-filing requirement.

  • DOL and NLRB agree 'gig' workers are independent contractors

    Uber may have suffered a painful disappointment when its initial public offering cratered on the stock market, but other than that, spring 2019 likely will be regarded as very positive for the company in the long run.