Total Articles: 30
Men Are From Mars, Women Are From Venus, And Equal Pay Act Claims Are Everywhere
Because of recent high-profile cases claiming gender-based pay discrimination, the Equal Pay Act has taken on a new life. Newspapers continue to tout the controversial statistic that women earn only 77 cents for each dollar men earn. That statistic does not distinguish among jobs and is actually a comparison of apples to oranges, argue critics. Nevertheless, there are certainly situations where women on average are paid less than similarly-situated men. The fact that retail giant Wal-Mart is the defendant in the first major case of this kind in many years has placed all retailers in the crosshairs of the wage and hour plaintiffs' bar.
Paycheck Fairness Act Reintroduced in Congress
The Paycheck Fairness Act, calling for increased employer liability for compensation decisions, as well as heightened government involvement in remedying pay inequality, once again has been introduced in Congress. The latest bill, which is identical to the previous proposal, was introduced in both the U.S. Senate (S. 797) and the U.S. House of Representatives (H.R. 1519) on this year’s “Equal Pay Day,” April 12, 2011.
3d Circuit: Untimely Failure-to-Promote Claim Is Not Saved by Ledbetter Fair Pay Act.
The Third Circuit Court of Appeals has issued an important decision limiting the scope of the Ledbetter Fair Pay Act, which was passed in 2009 in response to the Supreme Court's decision in Ledbetter v. Goodyear Tire & Rubber, Co., Inc. In short, the Fair Pay Act provides that "in pay discrimination matters," the statute of limitations is tolled each time an individual is "affected by application of a discriminatory compensation decision." In other words, if a female employee is not given the same pay raise as her male colleagues because of her gender, every time she receives a paycheck thereafter serves to toll the statutory period. Indefinitely.
Paycheck Fairness Act Defeated in Senate
The U.S. Senate has quashed any chance the Paycheck Fairness Act (S. 3772) will be passed in the 111th Congress. The Senate on November 17th rejected debating the Act, with just 58 Senators, rather than the necessary 60, voting in favor of advancing the proposed measure.
Legal Alert: Senate Rejects Paycheck Fairness Act
Today the Senate voted against proceeding to a floor debate on the Paycheck Fairness Act (PFA), which means this legislation is dead, at least for now. Supporters of the bill needed 60 votes to invoke cloture and proceed to consideration on the Senate floor. The Senate voted 58 to 41 against cloture.
Despite Election Results, Senate Will Consider Paycheck Fairness Act
The Paycheck Fairness Act appears to be one of a handful of bills scheduled for a lame-duck vote in the Senate. The proposed legislation would increase employers potential liability for compensation decisions. The Senate is scheduled to vote on whether to debate the bill on November 17, 2010; 60 votes are needed to move the legislation forward.
Third Circuit Rules Ledbetter Fair Pay Act Inapplicable to Failure-to-Promote Claims
In a matter of first impression for the court, a federal appeals court in Philadelphia has narrowed the reach of the Lilly Ledbetter Fair Pay Act of 2009 (FPA), determining the protections afforded by the FPA are exclusive to wage discrimination claims and do not cover failure-to-promote claims against employers.
Paycheck Fairness Act Vote Scheduled for November 17
The Paycheck Fairness Act is poised to see action, following the re-introduction of the bill (S. 3772) in September by Senate Majority Leader Harry Reid (D-NV). The bill is scheduled for a lame-duck (post-election) vote in the Senate on November 17, 2010. The Senate will vote on whether to debate the bill. This is known as a cloture vote and 60 votes are needed to move the bill forward. With the balance of power in the Senate teetering, the election on November 2 of three new Senators (from West Virginia, Illinois and Delaware), who may be seated for the lame-duck session, could affect the cloture vote.
Federal Appeals Court Rules that Ledbetter Fair Pay Act Does Not Apply to Promotion Claims.
In a ruling that should provide relief to employers worried about the threat of litigation concerning decisions made years ago, a second federal court of appeals held that the Lilly Ledbetter Fair Pay Act (the Act) does not apply to discrimination claims arising from denial of a promotion. In Noel v. Boeing, the Third Circuit Court of Appeals, the federal appellate court for Delaware, New Jersey and Pennsylvania, joined a ruling by the D.C. Circuit earlier this year, and held that a Title VII claim is untimely if it concerns a promotion decision made more than 300 days before the plaintiff files a charge with the EEOC or other employment agency, even if the decision resulted in the plaintiff receiving lower pay within the most recent 300 days.
Third Circuit holds that Ledbetter Fair Pay Act does not apply to failure-to-promote claims under Title VII.
In 2009, Congress passed the Lilly Ledbetter Fair Pay Act (FPA), which allows employees to file unequal-pay claims outside of the otherwise applicable 300 day statute of limitations period for filing claims of discrimination. Under the FPA, the statute of limitations re-starts each time compensation is paid pursuant to a discriminatory compensation decision or other practice, typically when a periodic paycheck is issued. In an issue of first impression, the 3d U.S. Circuit Court of Appeals recently upheld summary judgment for an employer, and specifically held that a black Haitian mechanic could not use the FPA to support his failure-to-promote claim under Title VII. Noel v. Boeing Co., 3d Cir., No.08-3877, October 1, 2010. In that case, an employee unsuccessfully argued that the 300-day statute of limitations began each time he received a lower paycheck than he would have received had he been promoted three years prior to his claim of discrimination.
Senate Vote on Paycheck Fairness Act May Be Imminent
Senate watchers are reporting that the Senate may vote on the Paycheck Fairness Act (PFA) (S. 3772) as early as this week. The House previously passed the PFA in 2009, but the law failed to clear the Senate. If this law passes, it will mark a major expansion of federal employment discrimination law and will force many employers to dramatically change their compensation practices to mitigate the risk of pay discrimination lawsuits.
Senator Reid Re-Introduces Paycheck Fairness Act in Congress.
Despite reports of a narrowing wage gap between male and female workers, Senate Majority Leader Harry Reid (D-NV) has re-introduced the Paycheck Fairness Act (S. 3772) and placed the pay equity proposal on the legislative calendar. If passed, the Act would expose employers to far greater liability than now exists.
Calling the Ledbetter Act a "First Step," Sponsors Urge Senate to Pass Paycheck Fairness Act.
On the first anniversary of the Lilly Ledbetter Fair Pay Act, Congresswoman Rosa DeLauro and Senator Chris Dodd celebrated by calling for Congressional action on the Paycheck Fairness Act (PFA) (S 182).
The Lilly Ledbetter Fair Pay Act of 2009: Lilly's Legacy is Alive - And Stay Tuned for More to Come.
The Lilly Ledbetter Fair Pay Act of 2009 (the "Act") was the first piece of legislation signed by President Barack Obama. There was much anticipation and fanfare surrounding the Act's inception, passage and enactment. Many organizations and individuals were quite outspoken in their support or criticism of the law. Alarms were sounded and employers were fearful about the potential impact. The Act was widely billed as "Granting Equal Pay to All Women" even though it applies to compensation decisions alleged to have been based on other protected categories including age, disability, religion, national origin, race and color.
A Little Bitty Limit on Ledbetter.
Since January 2009, employers and their lawyers have been waiting to see just how dramatic the impact of the Lilly Ledbetter Fair Pay Act will be. Today, in AT&T Corp. v. Hulteen, the Supreme Court limited the application of the Act, but the limitation is unlikely to apply to most employers.
Who In The Heck Is Lilly Ledbetter?
In recent weeks, there has been a lot of media attention given to the new "Lilly Ledbetter Fair Pay Act." Who is Lilly Ledbetter and what, if anything, does this Act mean for dealerships?
Ledbetter Act Requires Employer Action Now.
The Lilly Ledbetter Fair Pay Act of 2009 became law when signed by President Barack Obama on January 29, 2009 (Ledbetter Act). While relatively short in length, the Ledbetter Act has broad application for employers and likely will result in significantly more wage discrimination claims going forward. At minimum, and as explained in more detail below, the Ledbetter Act means employers need to conduct a privileged audit of their compensation practices to identify and resolve any potential discriminatory pay issues. Employers also need to review their procedures for setting employee compensation, both upon hire and during employment, to ensure that those decisions are non-discriminatory, and must create and maintain documentation showing that to be the case.
The Ledbetter Fair Pay Act - What Every Employer Needs To Know.
On January 29, 2009, President Barack Obama signed into law the Lilly Ledbetter Fair Pay Act. The Act requires employers to redouble their efforts to ensure that their pay practices are non-discriminatory and to make certain that they keep the records needed to prove the fairness of pay decisions.
LEDBETTER FAIR PAY ACT EXPANDS EMPLOYER LIABILITY (pdf).
On January 29, 2009, President Obama signed the Ledbetter Fair Pay Act (the Act) into
law. Notably, this was the first piece of legislation signed by the new President. Although the
Acts supporters claim it is specifically targeted to provide a remedy for discriminatory pay practices,
consequences for Americas employers will likely be more extensive.
President Obama Launches Labor Law Reform (Part I) (pdf).
Labor law reform was a central promise of
candidate Obamas platform, and President
Obama made good on it just nine days into
office.
On Jan. 29, the new president signed his first
bill into lawThe Lilly Ledbetter Fair Pay
Act of 2009. Named after a former Goodyear
Tire and Rubber employee who lost her pay
discrimination case in the Supreme Court last
year, the new law makes it significantly easier
for employees like Ledbetter to sue for pay discrimination.
LILLY LEDBETTER'S GOOD YEAR.
The Lilly Ledbetter Fair Pay Act of 2009 amends the statutes of limitations applicable to Title VII of the Civil Rights Act, the Age Discrimination in Employment Act of 1967, the Americans With Disabilities Act of 1990 and the Rehabilitation Act of 1973. The law overturns the U.S. Supreme Court's 5-4 decision in Ledbetter v. The Goodyear Tire and Rubber Company, 550 U.S. 618 (2007). One of the first bills passed by the new Congress, President Obama signed it into law on Jan. 29.
PRESIDENT OBAMA SIGNS LILLY LEDBETTER FAIR PAY ACT.
On January 29, 2009, President Barack Obama signed a law making it significantly easier for employees to file job bias claims in connection with compensation. The "Lilly Ledbetter Fair Pay Act of 2009" is the first bill passed by Congress to be signed into law by the new president.
Preliminary Guidance on Ledbetter Fair Pay Act.
On January 29, 2009, President Barack Obama signed the Lilly Ledbetter Fair Pay Act. The Act will require employers to redouble their efforts to ensure that their pay practices are non-discriminatory and to make certain that they keep the records needed to prove the fairness of their pay decisions.
President Signs Federal Fair Pay Act.
In a move that could lead to a significant increase in employment litigation, on January 29th President Obama signed the Lilly Ledbetter Fair Pay Act of 2009 into law. Notably, it was the first act that he signed into law upon taking office. The Act negates a 2007 U.S. Supreme Court decision relating to the statute of limitations (deadline to sue) for pay discrimination claims. The case was titled Ledbetter v. Goodyear Tire & Rubber Co., Inc. This article highlights the new laws provisions.
New Pay Laws Will Lead to More Litigation.
A new year, coupled with a new administration, means new legislation. Even though 2009 is barely a month old, the House of Representatives has already approved two bills which are significant to employers and their workforce. The Lilly Ledbetter Fair Pay Act and the Paycheck Fairness Act passed the House in January, and are aimed at reducing the discrepancy in employment compensation between women and men.
Fair Pay Act Extends Employer Liability for Compensation Claims (pdf).
Reversing a 2007 U.S. Supreme Court decision, President Obama signed a law today extending the time for employment discrimination claimants to fi le charges of pay discrimination.
Fair Pay Act Now Law.
Today President Obama signed into law the Lilly Ledbetter Fair Pay Act which expands the time period in which employees can pursue discrimination claims related to employment compensation. This will result in a substantial increase in the number of pay-related lawsuits.
Goodbye, Statute Of Limitations!
President Barack Obama, in the first such act of his term, has signed into law the Lilly Ledbetter Fair Pay Act, which will dramatically lengthen the statute of limitations in certain discrimination cases.
President Signs Ledbetter Fair Pay Act.
On January 29, President Obama signed the Lilly Ledbetter Fair Pay Act, only two days after Congress passed the law (see Ogletree Deakins January 27, 2009 E-Alert). The Fair Pay Act is the first law passed by the new Congress and the first law signed by President Obama. Civil rights groups and their union supporters hailed the symbolism of the Acts first law passed and signed status.
Men, Women, and Money: Negotiating for More than Small Change.
American women still earn, on average, 75 cents for every dollar earned by American men. Why?
