The big story that I missed this week is the refocused Congressional attention on the passage of the Paycheck Fairness Act on Capitol Hill. This law would make the following key changes to pay discrimination law:
- Prohibits an employers from retaliating against employees for discussing wage information.
- Permits uncapped punitive and compensatory damages for Equal Pay Act claims.
- Requires employers to show “a bona fide factor other than sex, such as education, training, or experience” to establish a defense to a EPA claim (a much more difficult standard than the current “any factor other than sex” standard).
- Changes classes in EPA class actions from “opt in” to “opt out.”
Take a look at the following posts from my fellow blawgers to catch up on what is happening with this important piece of legislation on the Hill:
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Paycheck Fairness Act, defining “fairness” as more litigation from PointOfLaw Forum
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Renewed Attention To Paycheck Fairness Act Puts Employers On Notice from Hunton Employment & Labor Law Perspectives™
Here’s the rest of the best I read this week:
Wage & Hour
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Department of Labor Announces New Initiative to Eliminate Independent Contractor Misclassification – from WorkplaceHorizons
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Beware the Phantom Class Action – from HR Daily Advisor
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Court Of Appeals Finds That Some Work Performed At Home Or While Commuting To Work May Have To Be Paid – from Labor Employment Law Blog
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Don't Be Blindsided with an Overtime Audit Due to Misclassifying Independent Contractors – from Overtime Advisor
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Happiness at Work: Hourly vs. Salaried – from Michael Haberman’s HR Observations
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Another Assistant Manager Case: The Time Bomb Keeps Exploding – from Wage & Hour - Development & Highlights
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AT&T Blindsided by Overtime Litigation – from Overtime Advisor
Labor Relations
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Teaching Kids About Labor Strikes: An Update with “Animal Strike at the Zoo!” – from Dan Schwartz’s Connecticut Employment Law Blog
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New Republic: President Should Recess Appoint Becker “To Mollify Unions” – from EFCA Report
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EFCA has become a proxy war – from LaborPains.org
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Implications of an NLRB Filled with Obama’s Recess-Appointees – from EFCA & Labor Law Reform Blog
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Update on the Status of Nominations to the NLRB – from New York Labor and Employment Law Report
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No Comment: Unions Upset With “Human Train Wreck” Eric Massa – from LaborUnionReport.com
Harassment
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4/5 of an MDV, But It's the Subject Matter That Caught My Attention – from Michael Fox’s Jottings By An Employer’s Lawyer
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Second Circuit: Reporting Harassment to Harasser Alone May be Enough – from HR Briefcase
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Flirtation and Brief Touchings are Not Sexual Harassment -- Or are They? – from Florida Employment Law Blog
Other Discrimination
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A Case of Ironic Discrimination, Don't You Think? – from Workplace Prof Blog
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Using Gender at Work: Discrimination? – from The Word by John Phillips
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Fifth Circuit Distinguishes Comments Constituting Direct Evidence of Discrimination Versus Stray Remarks – from Texas Employment Law Update
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Length and Cost of a Lawsuit – from Tom Crane’s San Antonio Employment Law Blog
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Religious Discrimination: Some Fascinating Developments – from Fitzpatrick on Employment Law
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Absenteeism and Alcoholism – When can you fire? – from Jennifer Hays at the Warren & Hays Employment Law Blog
Technology
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Employees Who Check Smart Phones While Driving Aren't That Smart – from Workplace Diva
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4 Social Media Commandments – from Rob Radcliff’s Smooth Transitions
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