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A recent decision from the U.S. District Court in Kansas—Spears v. Thermo Fisher Scientific—ruled that a pay equity analysis conducted primarily for business purposes was not protected by attorney-client privilege or the work...more
The leading educational and networking conference — from the premier firm for employment + labor law - Join us at Workplace Horizons 2025, where attorneys, in-house counsel and HR leaders come together to share and solve...more
Companies conduct pay audits for a variety of reasons—whether it's to ensure the company is meeting certain benchmarks, to comply with audit requirements under state or federal laws, to promote or improve workplace...more
Covered federal contractors have been tasked by the federal government with preventing disparities in pay for their employees based on race, gender, and ethnicity. To prevent such disparities, the Office of Federal Contract...more
Effective 18 August 2022, the Office of Federal Contract Compliance (OFCCP) revised Directive 2022-01 on “Advancing Pay Equity Through Compensation Analysis” (the Revised Directive) to provide further explanation of how OFCCP...more
Issues regarding pay equity have been front of mind for the Office of Federal Contract Compliance Programs (“OFCCP”) this year, as evidenced by the agency’s promise to “redoubl[e] its efforts” to ensure that government...more
As we previously reported, in March of this year, OFCCP issued its first directive of the Biden Administration – Directive 2022-01 (the “Directive”) – which addressed the issue of contractors’ obligations to conduct analyses...more
In March 2022, we reported on a controversial directive issued by the Office of Federal Contract Compliance Programs (OFCCP) that appeared to assert, for the first time, that federal contractors and subcontractors are...more
Some relatively good news from the OFCCP. The Office of Federal Contract Compliance Programs revised its Directive around contractors’ evaluations of their compensation systems. Directive 2022-01, formerly titled “Pay...more
Federal contractors will soon be facing new pay equity disclosure requirements under a directive issued by the Office of Federal Contracts Compliance Programs (OFCCP). The OFCCP announced that it will require contractors to...more
Federal contractors who conduct pay equity audits under attorney-client and work product privileges face increased risks under a new directive by the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance...more
Some employers have a practice of periodically conducting statistical analyses of employee compensation, under attorney-client privilege, to identify potential areas of risk related to pay equity concerns. These analyses are...more
Employers conducting internal pay equity audits now have a roadmap for ensuring that their pay equity audits remain confidential in the wake of pay equity litigation. Thanks to a recent federal court ruling from an Oregon...more
The trend of increased legislation, regulation, and corporate initiatives focused on identifying and correcting pay disparities in the workplace has continued to grow. In this episode, Liz Washko discusses recent developments...more