EPA

Memo
22-068
Monday, April 11, 2022

According to enforcement statistics covering fiscal year 2021 released recently by the EEOC, both the number of discrimination charges filed and the number of charges resolved hit 30-year lows last year.


Memo
22-001
Tuesday, January 4, 2022

A recent Equal Pay Act ruling by a federal appeals court suggests that the Equal Employment Opportunity Commission wants it both ways when attempting to establish a pay discrimination claim.


Memo
20-202
Monday, October 12, 2020

The EEOC is proposing changes to the process it follows to informally settle discrimination charges which, if implemented, should bring more consistency and thus better results when conciliation occurs. CWC plans to file comments supporting the chang


Memo
20-193
Monday, September 28, 2020

The U.S. Senate last week finally voted to confirm President Trump’s three pending nominees to the Equal Employment Opportunity Commission, thus ensuring a Republican majority on the EEOC until at least 2022.


Memo
20-166
Friday, August 21, 2020

The Equal Employment Opportunity Commission voted earlier this week to issue a proposal to revise the agency’s regulations governing the process under which the EEOC attempts to resolve discrimination charges informally. Based on a summary of the pro


Memo
20-141
Friday, July 17, 2020

Employers looking for guidance from the Supreme Court on how or even whether salary history can be used as a factor in setting pay under the EPA will have to wait after the Court’s decision not to take up a case that might have resolved the issue.


Memo
20-136
Friday, July 10, 2020

The EEOC has rolled out two new nationwide pilot programs making adjustments in the agency’s conciliation process and mediation program, both containing features that are consistent with reforms for which CWC has long advocated.


Memo
20-116
Friday, June 12, 2020

President Trump’s nominees to fill open slots at the Equal Employment Opportunity Commission, the National Labor Relations Board, and the Office of Disability Employment Policy have been approved as a package by a key Senate committee, setting their


Memo
20-101
Friday, May 22, 2020

There are a host of federal labor and employment laws that require employers to post notices informing employees of their rights. Our updated checklist and summary cover the employment-related poster requirements currently in effect, along with the m


Briefs
20-092
Friday, May 8, 2020

Our brief to the High Court argues the Ninth Circuit got it very wrong in ruling that prior salary, either “alone or in combination with other factors,” can never justify a wage differential under the Equal Pay Act, regardless of whether it was appli


Memo
20-058
Friday, March 27, 2020

The most recent federal court statistics, covering the period October 1, 2018, through September 30, 2019, show that except for lawsuits filed under the Family and Medical Leave Act (FMLA), all employment-related categories showed a decrease in the n


Memo
20-026
Friday, February 7, 2020

Final enforcement data released by the EEOC covering the past fiscal year show fewer discrimination charges are being filed with the agency. Retaliation allegations continue to be the most common complaint.


Memo
20-021
Friday, January 31, 2020

Nearly 40 years ago, the U.S. Supreme Court ruled that a plaintiff attempting to prove pay discrimination under Title VII did not have to meet the exacting proof standards of the Equal Pay Act, as long as the evidence introduced supported a claim of


Memo
19-114
Friday, June 7, 2019

CWC’s written comments to the Labor Department on its proposed revisions to the regulations governing the “white collar” exemptions under the Fair Labor Standards Act point out that they are a vast improvement over the controversial 2016 changes that


Memo
19-073
Friday, April 12, 2019

House Democrats have advanced one of their priority bills by passing legislation that would amend the federal Equal Pay Act to make it much easier for a plaintiff to prove pay discrimination. Don’t look for any quick action on the bill by the U.S. Se


Memo
19-062
Friday, March 29, 2019

The latest data on annual federal court lawsuit filings show that employment-related lawsuits once again fall within a consistent range, although lawsuits filed under the Americans with Disabilities Act are an outlier as they continue to increase.


Memo
19-040
Friday, March 8, 2019

The Supreme Court declined to address the merits of a case that raises the issue of whether the Equal Pay Act allows an employer to take prior salary history into account in setting pay. Instead, the Court sent the case back because the judge who au


Memo
19-049
Friday, March 8, 2019

As we anticipated, the new Democratic majority in the House of Representatives is moving quickly to pass one of its domestic priority issues, a bill that would expand the Equal Pay Act to strengthen the law’s protection.


Memo
19-044
Friday, March 1, 2019

The Equal Employment Opportunity Commission is continuing its effort to completely digitize its charge processing system, with publication of a proposed rule that would allow charging parties to file discrimination charges online. CWC will be comment


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