Compliance Stuff

Reports of the demise of the Equal Employment Opportunity Commission’s enforcement of traditional discrimination claims may have been exaggerated. Last week, the commission announced settlement of claims made against Sinclair Broadcast Group alleging race discrimination involving pay disparities with a Black female employee. In addition to paying $100,000, the employer agreed to adopt policies stating it does not prohibit employees from discussing or disclosing their pay. In the past, employers frequently enforced policies prohibiting workers from discussing or comparing their salaries. In recent years, both the EEOC and National Labor Relations Board have taken the position that federal labor laws prohibit policies that restrict employees' ability to compare their pay or disclose that information to third parties . The NLRB stated that such information is a form of protected concerted activity, while the EEOC concluded that employees who believe that they are the subjects of pay ...

Despite some recent positive signs for the U.S. economy, many companies still face the prospect of reductions in force (RIFs), which can be challenging and involve complex processes that require careful planning and compliance with a myriad of laws and regulations. Quick Hits Documenting both the business reasons for a RIF and the objective criteria used to select employees for termination is crucial to mitigating the ris k of discrimination claims and other legal challenges. Employers may want to note the various federal and state legal requirements, such as the WARN Act and any applicable mini-WARN acts when planning and executing a RIF. According to recent figures released by the U.S. Bureau of Labor Statistics, the U.S. economy added 254,000 jobs in September 2024 as the unemployment rate dropped to 4.1 percent from 4.2 percent. Also, in September, the Federal Reserve cut its interest rate for the first time in more than four years in an effort to keep the U.S. job market strong wh...