The New York State Department of Labor has adopted regulations clarifying employers’ rights and obligations when implementing policies that limit the discussion of wages in the workplace. Under New York Labor Law section 194(4), an employer may not prohibit employees from discussing wages, but may establish “reasonable workplace and workday limitations on the time, place and manner for inquiries about, discussion of, or the disclosure of wages.”  The DOL’s new regulations provide guidance on the permissible scope of policies that limit wage discussions as well as the notice employers must provide to employees about such policies.

Continue Reading New York DOL Adopts Regulations Governing Employment Policies that Limit Employee Discussion of Wages

By Audrey Nguyen with Michael Arnold

California’s Fair Pay Act was already one of the broadest equal pay laws in the country.  Governor Jerry Brown recently expanded it further by signing two laws that will go into effect on January 1, 2017.  We summarize the expansion below.

Continue Reading California’s Fair Pay Act Now Covers Race, Ethnicity, and Prior Compensation History

Recently, the Massachusetts Commission Against Discrimination (MCAD) published guidance on gender identity discrimination, which the Massachusetts Fair Employment Practices Act (commonly known as “Chapter 151B”) has prohibited since July 1, 2012.  The guidance and statute, however, simply codify the position MCAD has taken since 2001.

Continue Reading Massachusetts Anti-Discrimination Agency Issues Guidance on Gender Identity Discrimination

We have co-authored an alert with our affiliate government relations consulting group, ML Strategies entitled, “Massachusetts State Legislature Takes Action on Major Employment Reform as Legislative Session Ends”, which addresses key legislation concerning pay equity, transgender anti-discrimination, non-compete agreement reform, credit checks reform and wage theft. The alert provides a review of the new laws and their implications for employers.

My colleague Tyrone Thomas, was quoted in the Bloomberg BNA article entitled Managing Bias Risks While Increasing Workplace Diversity in which he analyzes the threat of reverse racism claims arising from employer diversity efforts. Thomas notes that diversity strategies should be tailored to the workplace and provides steps for employers to develop well-crafted diversity plans. The article outlines examples of reverse bias claims, methods to avoid these risks, and employers’ options in implementing diversity strategies.

“They’re beautiful.  They’re charming.  And they’re bringing drinks.  She moves toward you like a movie star, her smile melting the ice in your bourbon and water.  His ice blue eyes set the olive in your friend’s martini spinning.  You forget your own name.  She kindly remembers it for you.  You become the most important person in the room.  And relax in the knowledge that there are no calories in eye candy.  Part fashion model, part beverage server, part charming host and hostess.  All impossibly lovely…On a scale of 1 to 10, elevens all…The memory of their warm, inviting, upbeat personalities will remain with you long after the vision has faded from your dreams.”

Do we have your attention yet?

Continue Reading NJ High Court Declines to Review “Borgata Babes” Case, Effectively Doubling Down on Appellate Court’s Acceptance of Atlantic City Casino’s Stringent Rules on Grooming, Dress and Weight Gain