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BT Currents - Hot Topics in Employment Law

04 Sep OFCCP Issues New Directive for Analyzing Compensation

Organizations doing business with the federal government may be subject to affirmative action requirements, overseen by the Office of Federal Contract Compliance Programs (OFCCP). In an effort to provide more transparency and efficiency in its compliance evaluations, the OFCCP recently issued a new directive providing information on how it will analyze contractor compensation.   Under Executive Order 11246, covered contractors and subcontractors are required to periodically self-audit their compensation practices to identify and eliminate pay disparities based upon race/national origin and gender. If selected for…

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31 Aug G is for Golden Standard Does one size really fit all for workplace anti-harassment training?

In the labor and employment world, a question we often must remember to ask our clients is: in which state does the employee work? States’ labor laws vary drastically in every which way, from paid leave requirements to minimum wage amounts—and now anti-harassment guidance.   In response to the #MeToo movement, New York passed legislation this year requiring all New York employers to adopt or create an anti-sexual harassment policy that meets the requirements of the state’s new model policy. The guidance crafted by the…

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23 Aug Letterhead Policy Not Airtight in Wrongful Termination Lawsuit

Last month, an Eighth Circuit federal appeals panel reinstated a lawsuit that alleged an athletic director was wrongfully terminated after using district letterhead to write a letter supporting a reduced sentence for his nephew in a child pornography case.   The district received the letter from a relative of the athletic director who was evidently upset after his nephew was granted an early release. The district met with the athletic director and expressed concerns about the use of district letterhead to advocate for early release…

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15 Aug Common Sense Prevails in California Wage Victory, Falters in PAGA Action

Section 226 of the California Labor Code requires employers to provide and maintain accurate wage statements, including all applicable pay rates. A plaintiff is “injured” “if the accuracy of any of the items… cannot be reasonably ascertained from the four corners of the wage statement.”   In the recent case Raines v. Coastal Pacific Food Distributors, Inc., an employee sued her employer complaining that she could not readily figure out her overtime wage rate without using a calculator. She also brought a similar PAGA action…

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14 Aug Does Your Non-Compete Agreement Survive Under Massachusetts’ New Non-Compete Law?

The Bay State’s long-anticipated non-compete law has finally hit the books. After years of debate, speculation, and worry, the final result does not appear to be as bad for employers as we feared.   The Basics   First, let’s review what the new Massachusetts law does not do.   The law – which impacts agreements entered into on or after October 1, 2018 – only applies to non-competes, or similar provisions under which an employee promises not to compete with the employer after the employment…

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