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By Matthew Gagnon and Alexandra Oxyer

Seyfarth Synopsis: In an unusual opinion considering an issue raised by the plaintiff for the first time on appeal, the Second Circuit clarifies that unlike under the Equal Pay Act, Title VII plaintiffs need not show “equal work for unequal pay” to succeed on a pay discrimination claim. This case demonstrates that plaintiffs have …
Continue Reading Pay Equity Litigation Update: The Second Circuit Clarifies A Key Difference Between Title VII And Equal Pay Act Wage Discrimination Claims

By Robert A. Fisher, James M. Hlawek, and Christopher W. Kelleher

Seyfarth Synopsis: On January 29, 2019, the Massachusetts Supreme Judicial Court held that the failure to grant a lateral transfer may be the basis of a discrimination claim under Massachusetts anti-discrimination law where an employee can show there are material differences between the two positions in …
Continue Reading Massachusetts High Court Finds Failure to Grant Lateral Transfer May Be Discrimination

By Ashley K. Laken and Timothy F. Haley

Triancular_red_flagSeyfarth Synopsis: On October 20, the DOJ and the FTC jointly issued their Antitrust Guidance for HR Professionals, stating that DOJ intends to pursue employers criminally for alleged wage fixing and no-poaching agreements.  

On October 20, 2016, the DOJ and FTC jointly issued their “Antitrust Guidance for Human Resource Professionals.” …
Continue Reading HR Professionals Take Note: DOJ and FTC Issue Guidance Regarding Antitrust Laws in the Employment Context

By Erin Dougherty Foley and Craig B. Simonsen

The U.S. Department of Labor (DOL), due to pending litigation, had not begun to enforce the Fair Labor Standards Act (FLSA) final rule on protections relating to most home care workers, which rules had an effective date of January 1, 2015. That litigation has now concluded, and the DOL rule has been…
Continue Reading DOL Enforcement of Domestic Service Home Care Worker Employment Compliance Begins November 12, 2015

By Erin Dougherty Foley and Craig B. Simonsen

ELL postLast month, the U.S. Department of Labor, Women’s Bureau (WB), has issued a Proposed Information Collection Request (ICR) for a “Survey of Working Women.” 80 Fed. Reg. 10516 (February 26, 2015).

In its notice, the DOL notes that, not surprisingly, the labor force, employment opportunities, work environments, and the American family have…
Continue Reading DOL’s “Survey of Working Women” to be Updated