Companies Rethinking NDAs with Discrimination Settlements

When companies lay off employees and offer them severance packages, it’s not uncommon to have them sign a non-disclosure agreement, which effectively prevents them from saying anything disparaging about the company after they leave. If the employees don’t agree, they don’t get the money. Similar tactics are often used in racial discrimination settlements. But that’s…

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California Pay Data Reporting Most Commonly Asked Questions

On September 30, 2020, California Governor Gavin Newsom signed Senate Bill 973 (“SB 973”) into law. SB 973 authorizes California’s Department of Fair Employment and Housing (DFEH) to enforce the annual reporting of pay and hours worked data for employers with California employees. Here are a few answers to frequently asked questions regarding California’s new…

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Diversity, Equity, & Inclusion Begins and Ends With Data

2 minute read  A recent discussion hosted by the law firm Baker Mackenzie provides employers with some critical insights concerning data collection, privacy, and Diversity, Equity, & Inclusion (DE&I) initiatives. In this brief post, Trusaic will convey some of the panelists’ recommendations, while adding several of our own.   Why the focus on DE&I and data…

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Improving American Jobs Will Lead to Equality, HBR Study Finds

A recent study by the Harvard Business Review highlights the economic hardships that workers of color face, and how employers play a part in changing these long-standing issues. In the study, titled “Equality in the U.S. Starts with Better Jobs,” author Zeynep Ton dives into the racial and economical disadvantages Americans of color and gender…

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A Guide to Colorado’s Equal Pay for Equal Work Act

Several states and cities are passing laws to further bolster the federal Equal Pay Act. Trusaic is featuring some of these laws to provide insight into trends in pay equity compliance requirements as more of these laws are considered by states, counties, and municipalities. In this post, we look at Colorado’s Equal Pay for Equal…

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Kamala Harris’s Plan to Compel Equal Pay Compliance

Senator Kamala Harris is a historic choice for vice president by almost any standard. Yet there is one part of her record that is often overlooked but nonetheless critical to the U.S. keeping pace with the international community, and that is Senator Harris’s fight for pay equity. Trusaic recently took readers of the PayParity Post…

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How Serious are OFCCP Equal Pay Penalties? Very.

The Office of Federal Contractor Compliance Programs (OFCCP) just won a significant equal pay victory against WMS Solutions, LLC, a staffing company focusing on asbestos abatement. A News Release dated June 22, 2020, described the order, which requires WMS Solutions, LLC to pay $960,905 in back wages, damages, and interest based on discrimination and harassment…

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LGBT Rights Decision: What it Means and What to Do

It was a momentous and watershed moment in the history of the Supreme Court of the United States when the opinion was announced on June 15, 2020 that Title VII of the Civil Rights Act of 1964 protects LGBT employees from sex-based discrimination. Each of the three cases combined for adjudication in Bostock v. Clayton…

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The Difficulty in Identifying Comparators for Equal Pay Claims

Pay equity litigation is proceeding apace despite the COVID-19 pandemic, and claimants are raising critical issues pertaining to the Equal Pay Act of 1963 (“EPA”). The EPA requires that an employee claiming gender-based wage discrimination first demonstrate that employees of the opposite sex were paid different wages for substantially equal work. To show that the…

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