The California Fair Pay Act (CFPA) has been in effect since January 1, 2016. The CFPA represents an aggressive effort to ensure pay equality by requiring equal pay for “substantially similar work”—placing the burden on employers to establish one or more specific defenses to any pay differential. Those defenses are narrow and difficult to establish, and the CFPA creates substantial penalties for non-compliance. Furthermore, under the CFPA, “pay” refers to wages or salary plus other forms of compensation and benefits.
Compensation plays as an important motivating factor for every employee. Compensation is a systematic approach to provide monetarily value to employees in exchange for work performed. It can also achieve several purposes assisting in recruitment, job performance, and job satisfaction. This presentation will provide you the importance of "Compensation" as an area of Human Resource Management. Topics include compensation as a whole, how to create a market competitive plan and providing employees benefit.
In these slides we will understand the Human Resources that we use in Management and after understanding it you will be able to use the Human Resources.
HR Compliance is critical for small business owners. It is predicted that 90% of all small businesses are out of compliance. This presentation delivered which has been delivered by Gary Wheeler to several groups illustrates key compliance areas to correct.
Compensation plays as an important motivating factor for every employee. Compensation is a systematic approach to provide monetarily value to employees in exchange for work performed. It can also achieve several purposes assisting in recruitment, job performance, and job satisfaction. This presentation will provide you the importance of "Compensation" as an area of Human Resource Management. Topics include compensation as a whole, how to create a market competitive plan and providing employees benefit.
In these slides we will understand the Human Resources that we use in Management and after understanding it you will be able to use the Human Resources.
HR Compliance is critical for small business owners. It is predicted that 90% of all small businesses are out of compliance. This presentation delivered which has been delivered by Gary Wheeler to several groups illustrates key compliance areas to correct.
Thanks to FosterThomas for a great TechFocus Program: Compliance Challenges for Small Businesses doing Business with the Government
Thursday, July 28, 2011, 7:30 am - 9:30 am
Missed the program? Don\'t miss the resources: Here are the slides from the presentation!
The DOL has published its final rules on Exemption and New Overtime Rules which President Obama predicts 4 to 5 million additional workers will be eligible for overtime pay. The effective date for the new rules is December 1, 2016 and employers need to start now to assess their current position classification levels and understand the various options to ensure compliance of the new rules by the effective date. This webinar will provide insight to the current and new rules and steps an employer will need to take to meet the new rules.
Wage and Hour Litigation on the Rise: Tips for Avoiding Class Action Lawsuit...EPAY Systems
For the past decade, the number of wage & hour class action and collective action filings has increased. And this year, additional factors – including new FLSA regulations and the direction of wage & hour enforcement under the Trump Administration – are likely to drive exposures for corporate America.
With big verdicts, records settlements, the increasing phenomenon of worker awareness, and the widespread public attention to how employees are paid, it’s no surprise that wage and hour lawsuits are on the rise. Given these factors, companies may see record-breaking numbers of FLSA lawsuit filings in 2017.
View the recording EPAY Systems and Seyfarth Shaw as we examine workplace class action trends that we are likely to see this year, and learn best practices for avoiding wage and hour lawsuits.
Unemployment Insurance is the only employer tax that can be controlled. Successful UI cost control efforts begins with professional claims administration.
Discover first-hand from a former UI Deputy exactly the thought process a State Agency considers when issuing entitlement decisions. Learn how your efforts can help prevail in UI decisions at both the initial claims and appeals stage.
Join G&A Partners and Jeffrey Martin, a former UI Deputy and UI Specialist for the "Controlling Unemployment Insurance (UI) Costs can be Painless" webinar.
Thanks to FosterThomas for a great TechFocus Program: Compliance Challenges for Small Businesses doing Business with the Government
Thursday, July 28, 2011, 7:30 am - 9:30 am
Missed the program? Don\'t miss the resources: Here are the slides from the presentation!
The DOL has published its final rules on Exemption and New Overtime Rules which President Obama predicts 4 to 5 million additional workers will be eligible for overtime pay. The effective date for the new rules is December 1, 2016 and employers need to start now to assess their current position classification levels and understand the various options to ensure compliance of the new rules by the effective date. This webinar will provide insight to the current and new rules and steps an employer will need to take to meet the new rules.
Wage and Hour Litigation on the Rise: Tips for Avoiding Class Action Lawsuit...EPAY Systems
For the past decade, the number of wage & hour class action and collective action filings has increased. And this year, additional factors – including new FLSA regulations and the direction of wage & hour enforcement under the Trump Administration – are likely to drive exposures for corporate America.
With big verdicts, records settlements, the increasing phenomenon of worker awareness, and the widespread public attention to how employees are paid, it’s no surprise that wage and hour lawsuits are on the rise. Given these factors, companies may see record-breaking numbers of FLSA lawsuit filings in 2017.
View the recording EPAY Systems and Seyfarth Shaw as we examine workplace class action trends that we are likely to see this year, and learn best practices for avoiding wage and hour lawsuits.
Unemployment Insurance is the only employer tax that can be controlled. Successful UI cost control efforts begins with professional claims administration.
Discover first-hand from a former UI Deputy exactly the thought process a State Agency considers when issuing entitlement decisions. Learn how your efforts can help prevail in UI decisions at both the initial claims and appeals stage.
Join G&A Partners and Jeffrey Martin, a former UI Deputy and UI Specialist for the "Controlling Unemployment Insurance (UI) Costs can be Painless" webinar.
Rails have a nice template engine called erb and it's cool however haml is super cool and in this class we practiced using haml along with bootstrap while understanding partials and helpers.
Winston & Strawn’s Labor & Employment Practice hosted an eLunch titled “Defend Trade Secrets Act: Obligations and Opportunities” on May 31, 2016.
In today’s highly mobile and competitive marketplace, employers all too often face actual or threatened theft of company trade secrets and other confidential information. To address this growing business concern, President Barack Obama signed into law the bi-partisan Defend Trade Secrets Act (DTSA) on May 11, 2016. The DTSA federalizes trade secrets law, thereby providing employers a clear path to enforce their trade secret rights in federal court.
During this eLunch, Winston & Strawn Partners Dan Fazio and Cardelle Spangler provided an important overview of what employers need to know about the DTSA, including:
• Overview of DTSA
• Comparison of the DTSA to the Uniform Trade Secrets Act
• Provisions unique to the DTSA
• DTSA’s whistleblower immunity provision
• DTSA’s notice requirements
• Tips and best practices for employers to protect trade secrets
Recent Trends and Legal Developments You Should consider in 2016: Part I – Me...Winston & Strawn LLP
Corporate Partners Oscar David, Richard Falek, Jim Junewicz, and Robert Rawn review important developments in 2015 and provide an overview of potential M&A trends in 2016.
The following topics are covered:
Overview of deal activity
Decline of disclosure only settlements – Trulia and other cases
Rising trend of antitrust enforcement in M&A deals
Increasing role of activists in driving deals
Rise of aiding and abetting liability for financial advisers
Fraud issues in mergers
Update on Increased use of rep & warranty insurance
Earnouts in M&A transactions
This workshop was on "Understanding and Minimizing Unconscious Biases in the STEM Disciplines". This was presented at the 3rd NSF IOS Broadening Participation meeting for PI's in Bethesda, MD on 9/21/2015.
Webinar - How to set pay ranges in the context of pay transparency legislationPayScale, Inc.
Join Payscale’s Chief Product Evangelist, Ruth Thomas; VP of Compensation Services, Kim Taylor; and Senior Corporate Attorney-Employment, Lulu Seikaly as they discuss how to approach and set salary ranges in the context of increased pay transparency.
Webinar - How to Build Fair Compensation Policies That Support Pay EquityPayScale, Inc.
Join Payscale’s pay equity experts Ruth Thomas and Vicky Peakman as they cover best practices to ensure your compensation policies are aligned and fair, how to build a sustainable pay equity management framework, and how auditing your pay policies can lead to a more inclusive and transparent company culture.
Webinar - Pay Transparency Legislation Series Ep 9PayScale, Inc.
Join Payscale’s Chief Product Evangelist, Ruth Thomas and Senior Corporate Attorney- Employment, Lulu Seikaly as they discuss the current landscape of global pay transparency legislation and best practices for remaining compliant.
Companies operating with employees in the U.S. need to be aware of state and federal employment laws. Employees can be a business’s greatest asset, but it may seem that there is a potential employment pitfall at every turn. The consequences of mishandling issues can be costly and time-consuming.
On June 13, 2019, Winston hosted the inaugural Nordic Session – “Avoiding Employment Law Landmines” presented by Monique Ngo-Bonnici, Jason Campbell, and Nordic Session hosts Uri Doron and Jared Manes. The presenters discussed employment litigation trends and provided practical strategies on a number of labor and employment-related issues.
More information, including an audio recording, is available here:
https://www.winston.com/en/thought-leadership/the-nordic-sessions-avoiding-employment-law-landmines.html
Latest Developments Regarding Arbitration in Hong Kong and Mainland ChinaWinston & Strawn LLP
The arbitration landscape is ever-changing, with new legislation being promulgated, cases coming up, and ideas being tested. In part three of this series, Partner Terence Wong explored the latest developments regarding arbitration in Hong Kong and Mainland China, including a case handed down by the Court of Final Appeal, and a decision of the Indian Court dealing with the split of the China International Economic and Trade Arbitration Commission (CIETAC), which may have an impact on the enforcement of CIETAC arbitral awards in other jurisdictions.
Contact Winston & Strawn for more information about this presentation: https://www.winston.com/en/thought-leadership/latest-developments-regarding-arbitration-in-hong-kong-and-mainland-china.html
Recent Trends in Regulatory Actions Impacting Banks and Financial InstitutionsWinston & Strawn LLP
This presentation addresses recent trends in regulatory actions impacting banks and financial institutions. It focuses on how attendees can minimize their impact on their respective organizations as a lawyer, leader of a line of business, member of the Board of Directors, or a risk management, compliance, finance, and internal audit professional.
The presentation also addresses trends in formal enforcement actions, observations related to recent regulatory agency matters, and noteworthy recent public enforcement matters. It includes lessons learned in preventing matters requiring attention from turning into formal actions and best practices in conducting lookback reviews.
More information, including an audio recording, is available here: https://www.winston.com/en/thought-leadership/recent-trends-in-regulatory-actions-impacting-banks-and-financial-institutions.html.
For better or worse, electronic data is at the heart of many legal investigations. Therefore, it is becoming increasingly important for lawyers to have a basic understanding of computer forensics including:
- what computer forensics is and what types of things can a computer forensic expert do;
- types of mistakes lawyers or IT professionals make that can corrupt, alter, or destroy evidence that is key to investigations;
what types of electronic evidence exists;
- ways to work efficiently and effectively with a computer forensic expert; and
- when to consider hiring and how to choose a computer forensic expert as part of an investigation
Learn more from Winston & Strawn and listen to the presentation here: https://www.winston.com/en/thought-leadership/computer-forensics-what-every-lawyer-needs-to-know.html.
Maximizing Deductions in Light of the Section 162(m) GuidanceWinston & Strawn LLP
Winston & Strawn’s Employee Benefits & Executive Compensation Practice hosted “Maximizing Deductions in Light of the Section 162(m) Guidance” on September 6, 2018.
The IRS recently issued Notice 2018-68 providing much anticipated guidance on the key issues with respect to the Section 162(m) amendments added by the Tax Cuts and Jobs Act.
Partners Michael Melbinger, Nyron Persaud, and Ruth Wimer presented this webinar focused on understanding the impact of Notice 2018-68, including:
- Brief overview of the changes in Section 162(m) as a result of the Tax Act
- In depth discussion and analysis of Notice 2018-68: Covered employee, written binding contract, material modification
- “To do” list for maximizing deductions going forward
- Alternative compensation strategies
- Proxy Statement Reporting
- Accounting issues
Learn more here: https://www.winston.com/en/thought-leadership/maximizing-deduction-in-light-of-the-section-162m-guidance.html.
Regulators on the Move – Recent Treasury and Comptroller Actions: How They Af...Winston & Strawn LLP
The U.S. Treasury and Comptroller of the Currency recently published reports and announced major initiatives of impact to financial institutions. What should directors know about these initiatives and how do they impact financial institution strategy? This webinar discussed those issues, addressed likely competition from fintech firms, and focused on the following topics:
- U.S. Department of the Treasury report on “Nonbank - Financial, Fintech, and Innovation”
OCC’s fintech charter
- Recent efforts by institutions to eliminate holding company regulations
Contact Winston & Strawn for more information about this presentation:
https://www.winston.com/en/thought-leadership/regulators-on-the-move-recent-treasury-and-comptroller-actions-how-they-affect-you.html
Winston & Strawn's Employee Benefits & Executive Compensation Practice hosted an eLunch to discuss key issues faced by plan sponsors during IRS and DOL audits of retirement plans. The most common problem areas identified by IRS and DOL agents were addressed, with practical tips for plan sponsors on how to establish and maintain internal controls to help avoid compliance errors. Topics included:
-The most significant issues DOL agents focus on during audits, including missing participants, late payroll deposits, and missed employee communications
-The most significant issues IRS agents focus on during audits, including definitions of compensation, age 70-1/2 distributions, employee eligibility requirements, and properly updated plan documents
-Steps employers can take in order to improve their internal controls for compliance with IRS and DOL requirements
Contact Winston & Strawn for more information about this presentation:
https://www.winston.com/en/thought-leadership/irs-and-dol-audit-issues-for-retirement-plans.html
Solutions to Section 301 Tariffs on Products from China—Managing the Shock of...Winston & Strawn LLP
As part of an on-going international trade dispute between the United States and China, on July 6, 2018, the U.S. Trade Representative (USTR) imposed additional 25% tariffs on the importation of products from China that fall within 818 different classifications of the Harmonized Tariff Schedule of the United States (HTSUS). Since that time, the USTR has proposed additional 25% tariffs on an another large group of tariff classifications, and the week of July 9 proposed additional 10% tariffs on a third set of tariff classifications. These additional tariffs are based on an investigation under Section 301 of the Trade Act of 1974 into the government of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation.
These Section 301 tariffs are a financial shock to many Chinese suppliers and their U.S. customers and may even drive some companies out of business. However, there are procedures available for seeking removal of certain HTSUS classes of goods from the Section 301 tariffs, other procedures for seeking exemptions of particular products from those tariffs, and if necessary, supply chains can be reconfigured to avoid those tariffs.
Contact Winston & Strawn for more information about this presentation: https://www.winston.com/en/thought-leadership/solutions-to-section-301-tariffs-on-products-from-chinamanaging-the-shock-of-25-increase-in-cost-of-goods.html.
Best Practices for Anti-Bribery and Anti-Corruption (ABAC) ComplianceWinston & Strawn LLP
Winston & Strawn hosted a webinar titled “Best Practices for Anti-Bribery and Anti-Corruption (ABAC) Compliance.”
The interactive webinar focused on the following ABAC compliance topics:
- Anti-bribery and anti-corruption authorities
- Essential elements of a comprehensive and effective compliance program
- Implementing your compliance program in real-world scenarios
- Problem management and escalation protocol
Winston & Strawn partners Peter Crowther, Nicholas Usher, and Eva Davis hosted a discussion on the latest developments in international corporate transactions and antitrust/competition law.
Among other topics, they discussed current market practices for U.S. companies doing transactions in Europe, as well as key takeaways from some of the recent matters they have handled.
Winston & Strawn presented “Recent Legislation Impacting Dodd-Frank Requirements: What Financial Institution Directors Need to Know.” This webinar included a discussion of recent legislative changes to Dodd-Frank, what the FRB and OCC are focused on, other bank regulatory developments, and how these affect directors.
Trade Secret Protection: Practical Advice on Protecting and Defending Your Or...Winston & Strawn LLP
Winston's Global Privacy & Data Security Task Force presented an interactive webinar focused on some of the practical ways to prevent theft of key information, investigation tips, and strategies to defend against the use of that information after a theft.
Cryptocurrency Crackdown: What You Need to Know about Enhanced IRS/Government...Winston & Strawn LLP
With a newly assembled team of specialized investigators, the Internal Revenue Service (IRS) has dedicated substantial resources to investigating cryptocurrency use in tax evasion. According to the IRS, any taxpayer who has engaged in a virtual currency transaction without properly reporting it has failed to comply with U.S. tax law.
As John Doe Summonses seeking the identities of investors are served on cryptocurrency trading exchanges, significant IRS civil and criminal investigations will ensue. The New York Attorney General’s Office has announced an investigation into the policies and practices of cryptocurrency trading exchanges. The SEC, CFTC, and other regulators have announced initiatives as well.
Winston & Strawn hosted “Cryptocurrency Crackdown: What You Need to Know about Enhanced IRS/Government Scrutiny of Cryptocurrency Transactions.” The program examined the IRS’s newest substantive and procedural initiatives regarding cryptocurrency transactions, the reporting obligations that U.S. taxpayers must follow, corrective steps that may still be taken to mitigate exposure, and appropriate tax structuring of these transactions.
The program also provided an overview of the latest developments in regulatory investigations.
In 2017, Nevada became the 36th state to ratify the The Equal Rights Amendment (ERA). This spring, Illinois could become the 37th. With one additional state ratification—and one more vote in Congress—our Constitution could finally guarantee equality to all people regardless of sex.
“The Equal Rights Amendment: Legal Issues and Implications” was designed to answer recurring questions about the legal implications of the ratification effort, including why ratifying the ERA is still important and necessary, what the ERA would (and would not) accomplish, and why it is not too late.
https://www.winston.com/en/equal-rights-amendment.html
For a few brief months in late 2017, the five-member National Labor Relations Board (NLRB) operated at full-strength and with a Republican majority for the first time in a decade. The “new” NLRB’s case outcomes were consequential, and included reversals of several perceived pro-labor decisions from the prior Obama NLRB. Then, Chairman Miscimarra’s term expired in December, and the NLRB settled back into a 2-2 equipoise. Looking ahead, employers will likely not wait long for another shift in the NLRB’s political make-up, as President Trump’s latest nominee, Republican John Ring, awaits confirmation by the Senate.
Winston & Strawn Partners Bill Miossi and Derek Barella review the NLRB’s late 2017 flurry of activity and likely issues and agenda items to be taken up by the Trump NLRB in 2018.
2018 Hot Topics for Health & Welfare Plans, Fringe Benefits, and Withholding ...Winston & Strawn LLP
Winston & Strawn’s Employee Benefits & Executive Compensation Practice presented an eLunch titled “2018 Hot Topics for Health & Welfare Plans, Fringe Benefits, and Withholding Rates.”
This presentation featured a discussion of the following hot button issues:
- Updates on Affordable Care Act (ACA) employer shared responsibility
- Tax Act changes to the ACA
- Tax Act changes to fringe benefit rules
- Tax Act changes to employer tax withholding rates, including for bonuses and other supplemental payments
The Real Deal Webinar Series: Delaware Law Developments/Recent Judicial Decis...Winston & Strawn LLP
The presentation included a discussion of current issues and recent judicial decisions affecting M&A transactions and corporate governance for Delaware companies from a transactional perspective.
The EU’s General Data Protection Regulation (GDPR) takes effect on May 25, 2018. GDPR significantly increases the requirements imposed on companies touching the personal data of EU citizens, and also increases oversight by the EU member states’ data protection authorities. And the consequences of non-compliance under GDPR are massive—the greater of €20 million or four percent of the company’s worldwide turnover.
The Real Deal Webinar Series: Practical Advice from a Former Chief Compliance...Winston & Strawn LLP
The presentation included a discussion of practical steps in-house lawyers can take to build, grow, and measure their corporate compliance program, and why such programs are important for companies, especially those preparing for a sale.
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
1. California’s New Fair Pay Act:
What You Need to Know
Presenters: Amanda Sommerfeld
Kiffany Hoover
2. Today’s eLunch Presenters
Amanda Sommerfeld
Partner, Winston & Strawn
Los Angeles
asommerfeld@winston.com
Kiffany Hoover
Client Services Director, RGP
Los Angeles
kiffany.hoover@rgp.com
2
3. The Fair Pay Act Amendment to California’s
Equal Pay Act
4.
5.
6. Amendments to Labor Code Section 1197.5
• Effective 1/1/16, California’s amended Equal Pay Act
requires employers to pay employees the same wage rate
for “substantially similar work” when viewed as a
“composite of skill, effort, and responsibility, and
performed under similar working conditions”
• “Skill” refers to experience, ability, education, and training
• “Effort” refers to the physical/mental exertion needed for the job
• “Responsibility” refers to the degree of accountability or duties
required in performing the job
• “Working conditions” refers to the physical surroundings (temperature,
fumes, and ventilation) and hazards
• “Wage Rate” means not only salary, but other compensation
and benefits
6
7. Amendments to Labor Code Section 1197.5
(cont.)
• Employees in different roles and different departments
and different locations may be used as comparators by an
employee
• Unresolved issue: do cost of living disparities in different cities
constitute different “working conditions,” sufficient to justify a pay
disparity?
• DLSE FAQ Sheet does not identify this as a type of relevant “working
condition”
• Under the new law, an employee must only show that
he/she is being paid less than an employee of the opposite
sex who is performing substantially similar work. The
employer must then show that it has a legitimate reason
for the pay difference
7
8. Amendments to Labor Code Section 1197.5
(cont.)
• An employer can escape liability only if it carries its burden
to establish that the wage differential is based upon (a) a
seniority system; (b) a merit system; (c) a system that
measures earnings by quantity or quality of production;
or (d) a bona fide factor other than gender, such as
education, training, or experience
• An employer may only rely upon this last defense, however, where it
can demonstrate that the factor (a) is not based on or derived from a
sex-based differential in compensation; (b) is job-related with respect
to the position in question; and (c) is consistent with business
necessity
8
9. Amendments to Labor Code Section 1197.5
(cont.)
• What does “business necessity” mean?
• It means “an overriding legitimate business purpose such that the
factor relied upon effectively fulfills the business purpose it is
supposed to serve”
• This business necessity defense will not apply if the employee
demonstrates that an alternative business practice exists that would
serve the same purpose without producing the wage differential
• To escape liability, an employer must also affirmatively demonstrate
that the factor relied upon was reasonably applied and that the factor
actually accounts for the entire wage differential
• How will this work?
9
10. Other Provisions of the Fair Pay Act:
10
• Allows the recovery of “unpaid” wages, interest, attorneys’ fees,
$10,000 penalty, and liquidated damages—double the wages
and interest
• Prohibits retaliation against employees who seek to enforce–or
assist in any manner in the enforcement–of the EPA: question
their pay
• Prohibits employers from barring the discussion or disclosure of
wages, or inquiring about another employee’s wages. The law
does not require an obligation to disclose wages
• Requires employers to keep records of wages, wage rates, job
classifications, and other terms and conditions of employment
for three years. (Previously, the record requirement was only
two years)
12. Cases Brought Under the Equal Pay Act
12
• There are roughly 15 Equal Pay Act claims pending in
California
• Ribeiro v. Sedgwick, LLP (class action on behalf of female lawyers)
• Recent class action settlements:
• Wellens v. Daiichi Sankyo, Inc. ($8.2M for 1,500 female sales reps)
• Qualcomm Pre-litigation Settlement: ($19.5M for 3,300 female tech
workers)
• Coates v. Farmers Insurance et al. ($4.1M for 300 female lawyers)
• Target industries: pharmaceutical/medical device
companies, law firms, and accounting firms
14. Recommendations
15
• Handbooks:
• Remove any prohibitions about discussing compensation
• Remove any reference to equal pay for “equal work”—the standard is
“substantially similar work”
• Job descriptions:
• If they are specific about specifying distinct duties, responsibilities,
experience level, expectations, and working conditions, you may be in a
better position to defend different wage rates for potentially similar jobs
• Update record retention policies/practices
• Management training:
• Make sure managers understand the consequences of giving more
responsibilities without formally changing titles and pay
• Review and revise data tracking mechanisms in HRIS systems
• Review/revise background check and screening processes
15. Recommendations (cont.)
16
• Evaluate complaint resolution process
• Ensure/create a process to escalate concerns/questions or complaints
and communicate it
• Investigations of pay should be a collaborative effort of HR & Legal
• Revise compensation criteria/practices
• Who is making pay decisions for new hires and raises? Are those
decisions vetted through a process that ensures pay equality? Are those
decisions based on prior compensation instead of work performed and
merit?
• Evaluate your pay philosophy
• How does this relate to your workforce?
• How does this relate to your culture?
• How is this attaining your risk tolerance goals?
16. Have a Discussion With Your Executive Team
• Decide on your course of action BEFORE you review/edit or
audit your records
• Establish a steering committee or executive thought
leadership team
• Have a conversation with your executive team
• Where do we stand on this issue?
• Where do we want to stand on this issue?
• How will this platform impact our culture and organization?
• What is our risk tolerance?
• Ensure that this work has not been started
• What has already been done?
• Who has been involved?
17
17. Have a Discussion With Your Executive Team
(cont.)
• Assess your need to involve external counsel
• Establish who is going to “own” this project (best practice:
have legal involved)
• Evaluate your data
• How much validated data is available?
• How deep do we want to go in our review?
• Depends on culture
• Risk Tolerance
• Evaluate your resources: Which resources are we going to
dedicate to this? Do we have expertise? If working with 3rd
party, who will be the internal champions?
18
18. What is Involved in an Assessment?
• CHRO, CLO, CFO, CIO, CEO–everyone should be talking about this
• Questions:
• Do you have documentation that is uniformly applied of substantially similar
classifications?
• Have you reviewed job descriptions?
• Have you assessed across departments?
• Assessments create discoverable information
• Have you protected the company during the process?
• Who is doing the work?
• How are you set up for sustainability?
• How will you continue to monitor the process?
• Is Talent Acquisition trained in on-going operations?
19
19. What is Involved in an Assessment? (cont.)
20
• HR Practice Documentation
Job evaluation methodology
Job grades/job bands methodology (and actual structure)
Salary structure methodology – history of adjustments, shift differentials?
Geographic differentials used?
Documentation of performance management approach
Annual salary increase process
Entry salary guidelines/hiring salary determination approach
Bonus/incentive plan designs
Equity plan designs
Promotion guidelines and process
Benefits/perquisites provided on a select basis (i.e., not open to all employees)
Career path documentation
• Job Documentation
Job listing, by job family/function/grade
Actual job descriptions/function matrices/etc.
Job evaluation assessments, scores, etc.
Organizational charts
20. What is Involved in an Assessment? (cont.)
Employee Company ID (unique identifier)
Supervisor Company ID
Gender
Grade
Salary Structure Range
Function/Family/Discipline
Full-Time/Part-Time
FLSA Status (exempt/nonexempt)
Most recent position effective date
(to calculate time in position)
Date of last promotion
Highest education level attained
Years of relevant work experience
Eligible for shift differential
Job title
Salary Structure Assignment
Business Unit
Company Department
# Assigned Hours / Week
Hire date (to calculate service length)
Certifications achieved
Total years of work experience
# of levels from CEO
21
21. What is Involved in an Assessment? (cont.)
22
• Compensation Data
Base pay rate (specify if maintained hourly, weekly, monthly, or annually)
Overtime pay earned (and # of hours) and paid
Bonus eligibility
Target bonus (% of base salary or target amount)
Last bonus paid (amount)
Date last bonus paid
Target equity award (% of base salary or target amount)
Last equity award (amount)
Date of last equity award
Other perquisites/benefits (not broad-based)*
Most recent performance rating
*Examples include: company car/car allowance, cell phone, mortgage subsidies, club
membership, professional organization membership, additional insurance, paid time off
exceed company policy, business travel exceeding company policy, and other cash
allowances