Posts by Robert Sheen
How to Comply with the New DOL Independent Contractor Rule
The U.S. Department of Labor (DOL) has provided final guidance on employee vs. independent contractor classification under the Fair Labor Standards Act (FLSA). On Jan. 9, the DOL Independent Contractor Rule was published. The final rule takes effect March 11 and rescinds the 2021 rule developed under the Trump administration. How to Classify an Employee…
Read MorePay Transparency: Court Order Directs OFCCP to Release EEO-1 Reports
A federal court in California has ordered the Office of Federal Contract Compliance Programs (OFCCP) to release the EEO-1 reports of federal contractors. The contractors had filed an objection to the release of their data in response to a Freedom of Information Act (FOIA) request. The Court Order reflects a national and global trend toward…
Read MoreWage Transparency Act Passes in District of Columbia
Pay transparency is coming to the District of Columbia (DC). Bill 25-194, or the Wage Transparency Omnibus Amendment Act of 2023 will require employers to include salary information in job listings. DC’s Wage Transparency Act aims to address one of the worst pay gaps for women of color in the US. Subject to approval by…
Read MoreUK Equality Act 2010 (Amendment) Regulations Take Effect
Effective from January 1, 2024, the UK’s Equality Act has been amended. Equality Act 2010 Amendment Regulations retain elements of EU law relating to specific discrimination protections. These would otherwise expire under the Retained EU Law (Revocation and Reform) Act 2023. Below, we summarize the key points of the amendments, and consider potential future changes…
Read MoreBrazilian Labor Law: Ensuring Equal Pay for Equal Work
On November 23, 2023, Brazil’s Ministry of Labor issued Federal Decree No. 11,795/2023. This update to Brazilian Labor Law regulates its “Equal Pay Law” 14,611 of July 3, 2023 and came into effect immediately. Companies with 100 or more employees are now required to publish biannual salary transparency reports. In cases of pay disparities, employers must…
Read MoreAmazon Gender Pay Disparity: Tech Giant Faces Class Action Lawsuit
Three women have filed a class action lawsuit against Amazon, alleging systematic gender pay discrimination. The plaintiffs allege that Amazon gender pay disparity arose from its compensation system, resulting in: “the disproportionate underpayment of women as compared to their similarly-situated male counterparts.” Attorneys acting for the plaintiffs note that the equal pay lawsuit is the…
Read MorePay Equity in Canada: Closing the Pay Gap in Ontario and BC
Canada has struggled to achieve pay equity, but 2023 has seen legislative developments in two key provinces, British Columbia, and Ontario. Action is urgently needed to ensure workplace fairness and improve labor standards across the country. Here’s why: Progress towards narrowing the country’s gender pay gap is described as “glacial”. Canada currently sits in 52nd…
Read MoreOFCCP Compliance: Proactively Prepare for Compensation Audits
Expanding OFCCP compliance is part of a wider shift to drive pay equity at the federal level. Earlier this year on August 25, 2023, the OFCCP announced its updated Supply and Service Scheduling Letter and Itemized Listing. Changes to the scheduling letter are far-reaching. Significant amendments relate to the scope of required employee level compensation…
Read MoreNavigating Pay Transparency: Stay Compliant with Pay Equity Software
The era of pay transparency is here to stay. Legislation is expanding across the US and globally, as the EU leads the way. Pay transparency is part of a movement to close the gender pay gap. At current rates of progress, women in today’s workforce will not see equal pay in their lifetime. Yet employers…
Read MoreSustainability Claims: Has Your Organization Achieved Pay Equity?
So-called “greenwashing” class actions are emerging as a big risk for companies making sustainability claims. Most recently, a court in California threw out a claim against e-commerce site Etsy, albeit with leave to amend. Plaintiffs allege the company’s carbon offset promises are false. Allegations including fraud, misrepresentation and deceit are mostly focused on retailers and…
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