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As we reported last Friday, OFCCP has kicked-off 2019 with a bang – issuing three directives in a single day. Yesterday we reported on the first of three new Directives OFCCP issued to kick off fiscal year 2019. Today we cover the second Directive – Directive 2019-02: Early Resolution Procedures. Under Directive 2019-02 (effective November 30, 2018), OFCCP will offer contractors the opportunity to voluntarily remedy compliance deficiencies found in establishment-based compliance evaluations,…
The U.S. Court of Appeals for the Ninth Circuit just denied a request to review en banc a panel ruling that authorizes trial courts to consider evidence that would be inadmissible at trial when deciding whether a class may be certified (Sali v. Corona Regional Medical Center (D.C. No. 5:14-cv-00985-PSG-JPR)). The decision was filed on Thursday, November 1 over a sharply critical dissenting opinion authored by Judge Carlos Bea. Bea, who was joined by four…
Since September, stories of sexual harassment have dominated the headlines. In what USA Today dubbed the “Weinstein Effect,” workplaces of all types and size have been seeing employees step forward to take part in the #MeToo movement by shining light on abuses of power by companies’ leadership. The increased focus on sexual harassment has created a surge in discrimination lawsuits and government investigations, with almost no industry being immune. The Equal Employment Opportunity Commission responded…
Acting chair of the U.S. Securities and Exchange Commission Michael Piwowar has indicated the controversial CEO pay ratio reporting rule may be on the chopping block. The rule, rooted in the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act, requires publicly traded companies to disclose median employee compensation along with a ratio of how that compares to the chief executive’s pay. The rule is effective in the company’s first fiscal year after January 1,…
On February 1st, the EEOC announced it would begin requiring employers to submit information on employee wages and work hours broken down by gender, race and EEO-1 category as part of its annual EEO-1 reporting process.  For the first time, the EEOC (and the OFCCP) will have nationwide data on employee pay to help identify employers who may be unwittingly contributing to the wage gap by paying women less than men for the same type…
In this age of Big Data, expert analyses are critical to class and collective actions. Wage and hour lawsuits hinge on experts dueling over employee time and pay data. The EEOC’s Equal Pay and systemic discrimination initiatives are driven by statisticians’ analyses of employers’ robust payroll and applicant tracking system data.   In many of these cases, the courts rely on experts to tell them what the data say. And more and more, attorneys are employing…