Equal Pay – CFL Web http://cflweb.org/ Fri, 11 Jun 2021 20:29:38 +0000 en-US hourly 1 https://wordpress.org/?v=5.7.2 https://cflweb.org/wp-content/uploads/2021/05/default-150x150.png Equal Pay – CFL Web http://cflweb.org/ 32 32 Reviews | Act on the climate, wages and ERA https://cflweb.org/reviews-act-on-the-climate-wages-and-era/ https://cflweb.org/reviews-act-on-the-climate-wages-and-era/#respond Fri, 11 Jun 2021 16:36:23 +0000 https://cflweb.org/reviews-act-on-the-climate-wages-and-era/ For the publisher: The public should not sit idly by and let Democrats in Washington do the heavy lifting. If people want their voting rights protected, their bridges and roads repaired, minimum wages raised, child care funded, student debt reduced or canceled – the list goes on – then people need to let their senators […]]]>


For the publisher:

The public should not sit idly by and let Democrats in Washington do the heavy lifting. If people want their voting rights protected, their bridges and roads repaired, minimum wages raised, child care funded, student debt reduced or canceled – the list goes on – then people need to let their senators and representatives know. in Congress. Call them, write to them, demand town meetings and don’t let go. They want your votes, but those votes must be won.

Public pressure is the only thing that will produce results. Everyone must do their part.

Martha D. Trowbridge
new York

For the publisher:

Re “The President will send 500 million doses to nations in need” (front page, June 10):

During a virtual conference with colleagues around the world, I used the past tense to refer to the Covid-19 pandemic, and was politely corrected. While life in the United States often seems post-pandemic (it is not), much of the rest of the world is experiencing the depressing, frightening and deadly acceleration of Covid-19 that has engulfed America for much of the past 15 months. I have seldom felt so embarrassed by my own implicit self-importance.

The Biden administration’s decision to provide 500 million vaccines to other countries is bold and shows leadership. While this is just a down payment on equitable global access, this action recognizes that we will not be safe from this pandemic until everyone has access to vaccines.

Millions of Americans despise the miracle of universal access to Covid-19 vaccines; the rest of the world is desperately waiting for such a miracle. The Biden administration should be applauded for providing hope, no matter where we live, that there will be a time when we can truly be post-pandemic.

Joshua R. Ginsberg
Millbrook, New York
The author is president of the Cary Institute of Ecosystem Studies.

For the publisher:

Re “Billions of aid, but migrants keep coming” (cover page, June 6):

I was disappointed to read your statement that “expanded aid programs have failed to stem migration” from Central America. The real story is that we have not made sustained and committed investments to address the larger regional challenge.

In 2019, the United States suspended aid to the region after already cutting aid to the region by almost 30% in the previous three years, predictably disrupting our influence and influence to make a positive difference. .



Source link

]]>
https://cflweb.org/reviews-act-on-the-climate-wages-and-era/feed/ 0
WaPo obscures Republicans’ role in eliminating equal pay https://cflweb.org/wapo-obscures-republicans-role-in-eliminating-equal-pay/ https://cflweb.org/wapo-obscures-republicans-role-in-eliminating-equal-pay/#respond Thu, 10 Jun 2021 21:11:40 +0000 https://cflweb.org/wapo-obscures-republicans-role-in-eliminating-equal-pay/ “Similar political roadblocks have clashed with the Democrats’ earlier attempt to tackle another economic problem affecting workers,” he added. Washington post (6/9/21) passively signaled. “Democrats are hitting a major political wall in their efforts to narrow the gender pay gap, raise the minimum wage,” said an Washington post title (6/9/21) yesterday. The first paragraph of […]]]>


“Similar political roadblocks have clashed with the Democrats’ earlier attempt to tackle another economic problem affecting workers,” he added. Washington post (6/9/21) passively signaled.

“Democrats are hitting a major political wall in their efforts to narrow the gender pay gap, raise the minimum wage,” said an Washington post title (6/9/21) yesterday.

The first paragraph of the article, by journalist Tony Romm, exposed the situation to readers:

President Biden and the Congressional Democrats suffered another setback in their efforts to raise the wages of millions of Americans, after the Senate on Tuesday chose not to pass a bill that his supporters said was aimed at securing that women in the workforce earn the same wages as their male counterparts.

Of course, Republicans have been mentioned in the subtitle and in the following paragraphs. But headlines and tracks frame the news – and are often all read about them. So the takeaways from the To postThe assassination version of equal pay for women is that the killer was… a “wall”. Or the Senate. Read as: Washington politics, in which no one and everyone is to blame for “choosing not to” get things done.

It is actually not that difficult to cover this properly, as most To postthe competitors have shown it. “Republican obstruction blocks the Senate pay equity bill,” said the New York Times (6/8/21). “Senate Republicans block bill targeting the gender pay gap,” wrote Politics (6/8/21). Even the the Wall Street newspaper (6/8/21) managed to pinpoint the culprit: “Gender pay gap legislation blocked by Senate Republicans”.

But Romm continued the rejection of blame euphemisms later in the play:

Democrats only have a knockout majority, not the 60 votes required to completely avoid political headwinds, forcing them to consider uncomfortable compromises to move their agenda forward.

In To postlandia, the political culprits are inanimate objects: a wall, a wind. The problem is, “only” Democrats have a knockout majority, and mysterious political headwinds in our democracy impose uncomfortable compromises on those with a knockout majority.

Alternatively, one could phrase this problem as being that our political system is highly undemocratic, and that Senate Republicans – who represent 43.5% of the population and have not represented a majority since 1996 – brazenly abuse this system to prevent the majority from doing a lot of anything.

If it were written that way, the solution would be obvious: change the system. This is exactly why the GOP undoubtedly chuckles with pleasure at such coverage, which deflects the blame from them and the undemocratic institutions they exploit, and thus supports this system.


ACTION ALERT: You can send a message to Washington post at letters@washpost.com, or via Twitter @washingtonpost. Remember that respectful communication is the most effective.

Featured Image: The the Wall Street newspaper (6/8/21) illustrated his story of Senate Republicans blocking paycheck fairness law with a photo of Republican Senate Leader Mitch McConnell.





Source link

]]>
https://cflweb.org/wapo-obscures-republicans-role-in-eliminating-equal-pay/feed/ 0
Illinois Laws Will Affect Employer / Employee Relationships https://cflweb.org/illinois-laws-will-affect-employer-employee-relationships/ https://cflweb.org/illinois-laws-will-affect-employer-employee-relationships/#respond Wed, 09 Jun 2021 16:05:35 +0000 https://cflweb.org/illinois-laws-will-affect-employer-employee-relationships/ In a wave of activity until the wee hours of June 2, 2021, Illinois lawmakers concluded a spring session that saw the passage of numerous measures that will affect employers in the state throughout the work relationship. Among the most important of the many bills submitted to Governor Pritzker for signature are the laws amending […]]]>


In a wave of activity until the wee hours of June 2, 2021, Illinois lawmakers concluded a spring session that saw the passage of numerous measures that will affect employers in the state throughout the work relationship. Among the most important of the many bills submitted to Governor Pritzker for signature are the laws amending the Artificial Intelligence Video Interviewing Act, the Equal Pay Act, the Economic Safety and Security Act. victims (“VESSA”) and the law on freedom of work. Governor Pritzker is expected to sign all of the aforementioned bills.

Changes affecting the hiring process

As previously explained, the state’s Artificial Intelligence Video Interviewing (“AIVIA”) law requires employers using Artificial Intelligence Compatible (“AI”) video interviewing technology to during the hiring process to make certain disclosures and obtain the consent of candidates, and also includes privacy protections. Upon the governor’s signature, AIVIA will be amended to include new provisions that require some employers to use AI analysis during the selection process to collect and report demographic data. Specifically, if an employer relies on only on AI to determine if a candidate will be interviewed in person, then that employer will be required to keep track of the race and ethnicity of (i) candidates who do not interview in person after screening and (ii) the candidates who are ultimately hired. Covered employers will be required to prepare an annual report of demographic data collected during the twelve month period ending November 30 of each year, to be submitted by December 31 to the Illinois Department of Commerce and Economic Opportunities (“DCEO Who must then analyze the data and report by July 1 of each year if it has revealed racial bias in the use of AI. It is important to note that this change only affects employers who rely on only on an analysis of a video interview using AI to shortlist potential candidates for in-person interviews. If adopted, the new provisions would come into force on January 1, 2022.

Changes affecting compliance with the Equal Pay Act

Illinois employers should also take note of upcoming changes to the state’s Equal Wage Act (the “Law”). This includes new wording which, notwithstanding the prohibitions in the law on investigating a candidate’s salary history, allows employers to request confirmation of information on unvested equity or compensation. deferred from a candidate, if the candidate has voluntarily and spontaneously provided this information.

In addition, the legislature approved substantive changes to the filing and certification requirements of the Act, some of which benefit employers. For example, the implementation of the requirements for “covered employers” (described below) to certify their compliance with the Equal Pay Act has been delayed and safeguards against bureaucratic errors and overzealous enforcement have been delayed. been added.

New deadlines and procedures for obtaining registration for equal pay

Under the revised Equal Pay Registration Certificate requirements of the law, private employers with more than 100 employees in the state of Illinois who are required to file an annual information report on the employer (EEO-1) with the United States Equal Employment Opportunity Commission) are considered “covered” and must comply with the registration provisions of the Act. Here are the key points to note:

  • Employers covered (ie submit an application for certification. The application period for these employers will be between March 24, 2022 and March 23, 2024. Thereafter, these employers must renew their certification every two years.
  • Employers who have been approved to do business in Illinois after March 23, 2021 and are “covered” must submit an EPRC application within three years of commencement of operations, but no earlier than March 1, 2021. January 2024, then must recertify every two years thereafter.

Guarantees for covered employers

Significantly, the amended legislation imposes duties on IDOL, including an obligation to collect contact information from each covered company and to assign deadlines to companies for their EPRC requests. The amendments expressly provide that the state’s failure to do so may be a mitigating factor in any determination that an employer has violated the certification requirements of the law. The amendment also gives employers the option to remedy deficiencies and resubmit a deficient EPRC application, or to appeal the rejection of an application. The changes also simplify the EPRC application and add important privacy protections to any individually identifiable information.

Changes to the sanctions that may be imposed

Advantageously for employers, the changes eliminate the potential civil penalty of 1% of a company’s gross profits, if an employer does not comply. On the flip side, the amendments increase fines up to $ 10,000 for any violation of the law, including investigations into salary history, discriminatory salary practices and retaliation.

Changes affecting victims’ leave rights

The legislature approved amendments to the Victims’ Economic Security and Safety Act (“VESSA”), which gives victims of sexual and gender-based violence and domestic violence the right to employment-protected leave. The amendments expand the definitions of relevant “violent crimes” and of those referred to as “family or household member”; provide that an employee has the right to choose what form of documentation (if available) is to be submitted; and provide that an employer cannot require or even request more than one document during the 12-month period in which the VESSA leave is requested, if the requested leave is related to the same incident (s) (s) or author (s). In addition, the amendments add a new section to the law requiring the confidentiality of any information obtained by an employer under VESSA and prohibiting the disclosure of such information or documents without a written request or the consent of the employer. employee, unless otherwise provided by law. Finally, the amendments provide that victims cannot be prevented from receiving voluntary leave benefits.

Changes affecting non-competition and non-solicitations

As we reported in detail earlier, the legislature also passed a comprehensive reform of Illinois law regarding non-compete and non-solicitation agreements. The law, which imposes certain due process protections for employees while clarifying certain ambiguities in Illinois common law, will only apply to agreements entered into after January 1, 2022. Please see our previous report information on what Illinois employers must do now to comply.

Additional “Attention”

Despite the large number of laws passed during the session, unfinished business remains. The legislature is expected to return in the coming weeks to vote on pending measures, including changes to the Identity Protection Act and the Unemployment Insurance Act.

As always, we’ll keep you posted on any changes affecting employers and welcome your questions.

© 2021 Epstein Becker & Green, PC All rights reserved.Revue nationale de droit, volume XI, number 160



Source link

]]>
https://cflweb.org/illinois-laws-will-affect-employer-employee-relationships/feed/ 0
New Free Tool for Companies Striving to Eliminate Pay Gaps – NBC Boston https://cflweb.org/new-free-tool-for-companies-striving-to-eliminate-pay-gaps-nbc-boston/ https://cflweb.org/new-free-tool-for-companies-striving-to-eliminate-pay-gaps-nbc-boston/#respond Wed, 09 Jun 2021 01:13:05 +0000 https://cflweb.org/new-free-tool-for-companies-striving-to-eliminate-pay-gaps-nbc-boston/ Workplace fairness advocates have launched a new online toolkit and resource manual that gives employers ways to look at how much they pay workers to see if men, women and people of color are professionally equal. “We need to build a better system,” said Jessica Nordhaus, from the Vermont group Change the Story, which is […]]]>


Workplace fairness advocates have launched a new online toolkit and resource manual that gives employers ways to look at how much they pay workers to see if men, women and people of color are professionally equal.

“We need to build a better system,” said Jessica Nordhaus, from the Vermont group Change the Story, which is dedicated to women’s economic security.

Nordhaus wants the pay gap to be closed at last.

Figures from the U.S. Department of Labor show that, on average, women earn about 82 cents for every dollar men earn, and the difference is even greater for many women of color.

“I think people are ready, maybe, to start thinking a bit more about what a fair society can look like,” Nordhaus said in an interview Tuesday with NECN.

How much more the average man earns than the average woman can shock you. The same is true of how much more women pay for similar items than men. We break down what the gender pay gap looks like nationally and what we’re doing about it in New England:

Although Change the Story and its partners are based in Vermont, the toolkit they launched can be used anywhere, Nordhaus noted.

Called the LEEP Toolkit, for Leaders for Pay Equity and Equal Pay, the resources can help leaders of workplaces with up to 400 people conduct their own internal pay equity reviews among employees. gender and race.

Small businesses might have imagined that this type of analysis would be expensive and require outside consultants, Change the Story noted, but the toolkit now makes it more accessible.

New LEEP Toolkit received praise from economist Evelyn Murphy, the very first woman elected to a statewide post when she became lieutenant governor there in the late 1980s .

Murphy spoke at Tuesday’s virtual launch event for the LEEP Toolkit. The toolkit is available free on the Change the Story website.

“For me, this has the potential to make Vermont the national leader in closing the gender and race wage gap,” Murphy said of the toolkit.

Cary Brown of the Vermont Commission on Women said long-standing structural factors must be taken into account in order to effect change. These include the value society places on certain industries or how women can struggle to advance in their fields if they take the time to care for children, Brown said.

“I think the pandemic gives us a great opportunity to understand some of these structural inequalities that we have faced from the start and how we can address them,” Brown told NECN.

The team behind the toolkit emphasized that it was not designed to blame. The objective is rather to help employers find successes, so that they can better live their values.

Some striking numbers tell the story of the power gap between the top earners in elite universities and the NCAA – but not in the way you might expect. We hear from Andrea Silbert, President of the Eos Foundation, and Beth Chandler, President and CEO of YW Boston.



Source link

]]>
https://cflweb.org/new-free-tool-for-companies-striving-to-eliminate-pay-gaps-nbc-boston/feed/ 0
Andhra nurses demand regularization of jobs, equal pay for equal work – The New Indian Express https://cflweb.org/andhra-nurses-demand-regularization-of-jobs-equal-pay-for-equal-work-the-new-indian-express/ https://cflweb.org/andhra-nurses-demand-regularization-of-jobs-equal-pay-for-equal-work-the-new-indian-express/#respond Tue, 08 Jun 2021 02:57:00 +0000 https://cflweb.org/andhra-nurses-demand-regularization-of-jobs-equal-pay-for-equal-work-the-new-indian-express/ Through Express news service VIJAYAWADA: Members of the Andhra Pradesh State Government Nurses Association (APSGCOSNA) held a protest on Monday outside the Covid-19 State Hospital to demand that DME provide them with equal pay for equal work. Among other demands, the protesters called on the Directorate of Medical Education (DME) to regularize their services and […]]]>


Through Express news service

VIJAYAWADA: Members of the Andhra Pradesh State Government Nurses Association (APSGCOSNA) held a protest on Monday outside the Covid-19 State Hospital to demand that DME provide them with equal pay for equal work. Among other demands, the protesters called on the Directorate of Medical Education (DME) to regularize their services and give them sick leave if they were infected.

Association member Abdul Irfan said that in 2016, the DME recruited more than 1,000 nurses to assist doctors at various public hospitals. Since then, staff with the qualifications of B Sc Nursing / M Sc Nursing / General Nursing Midwife are paid 22,500 ” per month.

“Almost five years have passed and we are receiving the same salary and those who were newly recruited, with the same qualifications, in March 2020 for the functions of Covid-19 are paid 34,000. We took the matter to the attention of the DME and the Minister of Health Alla Kali Krishna Srinivas Nani on several occasions, but to no avail, ”he said.

Another member, Anusha, said a total of 77 staff worked at the Covid-19 State Hospital here. “In order not to interrupt the Covid-19 treatment given to infected people, only those who have a day off or who work in the evening participate in the demonstration. In addition, “when the staff nurses were infected with the virus, the authorities instead of treating the 14-day quarantine period as sick leave, reduced our pay. It is high time for the government to step in and implement our demands, ”said Anusha.



Source link

]]>
https://cflweb.org/andhra-nurses-demand-regularization-of-jobs-equal-pay-for-equal-work-the-new-indian-express/feed/ 0
Don’t dismiss supermarket pay equality cases https://cflweb.org/dont-dismiss-supermarket-pay-equality-cases/ https://cflweb.org/dont-dismiss-supermarket-pay-equality-cases/#respond Mon, 07 Jun 2021 14:44:45 +0000 https://cflweb.org/dont-dismiss-supermarket-pay-equality-cases/ In 2018, I was talking to the boss of a British retailer. Shortly after, Tesco was hit with a demand for equal pay, arguing that people who worked in stores – mostly women – had been unfairly paid less than the predominantly male workforce in warehouses. from the supermarket. What did he think? His reaction […]]]>


In 2018, I was talking to the boss of a British retailer. Shortly after, Tesco was hit with a demand for equal pay, arguing that people who worked in stores – mostly women – had been unfairly paid less than the predominantly male workforce in warehouses. from the supermarket.

What did he think? His reaction was quite forceful: it was ridiculous. They were totally different jobs. Of course, you couldn’t compare the two. Of course, it wasn’t a question of gender.

His perspective is not unusual in my experience. And I suspect the story of equal pay might be roughly characterized by women being told they ask ridiculous questions.

Three years later (and five years after the first in this series of supermarket cases), we now know one thing: you can compare these jobs.

The recent legal victories in the cases against Asda and Tesco have established – on different points of law, in the UK and in Europe – that you can compare employees in stores and distribution centers for the purpose of looking at equal pay for work of equal value. It is important.

First, the caveats: this is only the first part of a three-step legal process, which will take years.

An independent expert will analyze the value of each job, in terms of skills and requirements. Then supermarkets can argue that factors other than gender explain the difference, such as working hours, location or seniority.

Finally, if it goes that far, there is the question of what is owed: Leigh Day, the law firm behind these cases, puts the pay gap at around £ 2 an hour on average and sums run into the billions across the business, which includes J Sainsbury, Wm Morrison and Co-op.

Why are recent decisions important? Because, according to Stefan Cross QC, a veteran equal pay lawyer, they “killed an argument that has lasted 40 years.”

Asda’s conclusion was based on case law, mostly from the public sector, claiming that these jobs could be compared in different places, based on technical details regarding terms and conditions. Tesco’s conclusion last week goes through this detail: If there is a “single source” responsible for equality, jobs can be compared.

The fact that it’s the private sector matters: There has been an element of “wishful thinking among large employers,” said Mary-Ann Stephenson of the Women’s Budget Group, about whether this all applies to them.

Regardless of the ultimate success of these cases, these decisions open up the possibility of further legal claims, in the private and public sectors.

It can be runoff rather than flood. Regardless of anything else, in today’s business world, female-dominated jobs and male-dominated jobs have often been separated into different entities. Look at the so-called 5Cs of stereotypical female work – cleaning, catering, office, cashier, and care – and ask yourself how often these are outsourced in large organizations.

But these cases also have the potential to change thinking, just as reports on the gender pay gap have. Pay issues aren’t just about the men and women who are paid differently to do the exact same job (and it’s amazing how many of the remarks made about these cases don’t match the boring reality of how the firm actually works. the law).

My colleague Andrew Edgecliffe-Johnson wrote last week, after Exxon’s loss to a small activist investor, that bosses should spend more time “thinking about where today’s fringe views suggest. that the mainstream of tomorrow will be ”. This could be another example.

According to a report from Glassdoor in 2016, about two-thirds of the gender pay gap can be “explained” by differences between workers, such as occupation or experience, while about one-third was ” unexplained ”or indicative of a potential bias. But feminist economists (and yes, that’s a thing) would argue that just because something can be explained doesn’t mean it can’t reflect discrimination.

Is it possible, just maybe, that the company underestimated the skills and demands of, say, dealing with difficult customers at a checkout or restocking freezer cabinets versus having the physical strength to put away things? crates in a warehouse, because one is mainly made by women and the other by men? Or, more generally, has the value placed on care skills been underestimated compared to skills, for example, repair, due to the typical profile of the workforce?

These are questions that deserve to be asked well beyond senior supermarket executives.

helen.thomas@ft.com
@helentbiz





Source link

]]>
https://cflweb.org/dont-dismiss-supermarket-pay-equality-cases/feed/ 0
Weekly update: Pride 2021 and Equal Pay Moms Day https://cflweb.org/weekly-update-pride-2021-and-equal-pay-moms-day/ https://cflweb.org/weekly-update-pride-2021-and-equal-pay-moms-day/#respond Fri, 04 Jun 2021 21:35:07 +0000 https://cflweb.org/weekly-update-pride-2021-and-equal-pay-moms-day/ Dear friend, This Tuesday kicked off Pride 2021, a month dedicated to celebrating the hard-won victories for LGBTQIA + equality that we have achieved, paying tribute to those who have sacrificed so much to progress and recognizing the work that we have achieved. ‘remains to be done. As we see a slew of anti-transgender bills […]]]>


Dear friend,

This Tuesday kicked off Pride 2021, a month dedicated to celebrating the hard-won victories for LGBTQIA + equality that we have achieved, paying tribute to those who have sacrificed so much to progress and recognizing the work that we have achieved. ‘remains to be done. As we see a slew of anti-transgender bills proposed in local governments across the country, it is even more important that we make it clear to transgender youth that we are fighting to keep them safe.

Today marks Equal Pay Moms Day – symbolizing the extra days in 2021 that mothers have to work to be paid the same amount their male peers won at home in 2020. To mark the occasion I hosted a roundtable at Hunter College The gender pay gap has a particular impact on mothers and what we can do to improve it.

More information on these and other updates below.

If you missed this week’s NY-12 COVID vaccine and recovery update, you can read it here.

Pride 2021

June is nationally recognized as Pride Month, a time to celebrate hard-won victories for LGBTQIA + equality and honor those who have sacrificed so much to progress.

In the 1980s, as a member of the New York City Council, I drafted the first bill in New York State history to legally recognize same-sex couples. I was first told that the bill was unconstitutional and could not be printed, but I persevered. Today we know that what was unconstitutional was denying the basic right to marriage to millions of Americans. And although we’ve come a long way since then, the LGBTQIA + community still faces unacceptable daily harassment, violence and unequal treatment.

This year marks the 52nd anniversary of the Stonewall Uprising, and as a New Yorker I am immensely proud and eternally grateful to those who took a stand at the Stonewall Inn on June 28, 1969. Their actions, led by Marsha P. Johnson and Sylvia Rivera, sparked a turning point in the gay rights movement, yet half a century later we still have work to do. The Senate must pass the Equality Act, and the House and Senate must pass the resolution calling for an end to homophobia and transphobia, the law on the protection of transgender people in the armed forces and the law on global respect.

We must all work together to defeat the wave of anti-transgender bills that are being proposed in local governments across the country – putting trans youth and their mental health at great risk, and we must fight the bigotry and hatred that leading and encouraging the murder of black trans women.

Every American must feel free and protected to live their truth.

In this first Pride Week, I proudly remain a committed ally and promise to never stop fighting until all members of the LGBTQIA + community can live not only without fear of discrimination, but fully embraced as a party. integral to our communities.

Roundtable of the supervisory committee: Equal pay day for mothers

Watch President Maloney’s opening statement at today’s roundtable here.

This morning, I hosted a roundtable at Hunter College to mark Equal Pay Moms Day and examine the impact of the gender pay gap on working mothers, including how the gap gender pay has forced many mothers out of the workforce during the pandemic.

As a mother myself, I have personally experienced the hardships and discrimination that many women face in the workplace. Things have improved since I had young children, but they haven’t changed enough! We need to make more progress to ensure that mothers are supported and fairly compensated for the incredible work they do.

You can watch the full roundtable here and read my opening statement here.

Finding Information About Private Company Ransomware Payments

Yesterday I sent letters to Colonial Pipeline Company and CNA Financial Corporation requesting documents regarding their decisions to pay ransoms following recent ransomware attacks.

As I wrote in my letters, I am extremely concerned that the decision to pay international criminal actors is setting a dangerous precedent that will put an even bigger target on critical infrastructure in the future. Congress needs detailed information on ransom payments made to cybercriminal actors to effectively legislate on cybersecurity and ransomware in the United States.

You can read the letters here.

Review of security risks of government telecommuting systems

On Wednesday, I sent letters to ten Inspectors General recommending that they each conduct an assessment of any cyber vulnerabilities created or exacerbated by the use of telecommuting systems by their respective departments and agencies during the coronavirus pandemic, and whether these vulnerabilities have been mitigated.

You can read the full letters from me, National Security Subcommittee Chairman Stephen F. Lynch; government operations subcommittee chair Gerald E. Connolly; Chairman of the Economic and Consumer Policy Sub-Committee Raja Krishnamoorthi; Chairman of the Civil Rights and Civil Liberties Subcommittee Jamie Raskin; and chairman of the Ro Khanna environmental subcommittee here.

GAO Report on Management Problems at the Office of the Inspector General of DHS

On Thursday, I joined Homeland Security Committee Chairman Bennie G. Thompson, Homeland Security Committee Ranking Member John Katko, and Oversight and Reform Ranking Member James Comer, to announce the release of a US Government Accountability Office (GAO) report we commissioned on systemic issues. management issues at the Office of the Inspector General of the Department of Homeland Security (DHS OIG).

It is essential that DHS, a large agency with a national security mission, have a fully functioning Inspector General’s office providing effective oversight. We expect the DHS OIG to perform its mission with independence, integrity, transparency and accountability, but this report makes it clear that the office needs to make significant changes to do so. The GAO presented clear evidence that failure to address long-standing weaknesses impacted the quality and timeliness of the OIG’s work and resulted in arbitrary decision-making resulting in low morale and complaints from leadership favoritism. While Inspector General Cuffari responded by saying that work to respond to GAO’s recommendations has started, we need to see a full implementation plan and real action to accomplish it to assess whether the office is on. the right path.

You can read more about the report here.





Source link

]]>
https://cflweb.org/weekly-update-pride-2021-and-equal-pay-moms-day/feed/ 0
United States District Court Rejects Colorado Equal Pay Act Injunction | Husch Blackwell LLP https://cflweb.org/united-states-district-court-rejects-colorado-equal-pay-act-injunction-husch-blackwell-llp/ https://cflweb.org/united-states-district-court-rejects-colorado-equal-pay-act-injunction-husch-blackwell-llp/#respond Fri, 04 Jun 2021 18:32:07 +0000 https://cflweb.org/united-states-district-court-rejects-colorado-equal-pay-act-injunction-husch-blackwell-llp/ Last week, in the case of Rocky Mountain Association of Recruiters v. Moss, Case No.1: 20-cv-03819 (USDC Colo.), U.S. District Judge William J. Martinez denied a plaintiff’s request for a preliminary injunction to block parts of Colorado’s law on equal pay for equal work (EPEWA). The EPEWA, which came into effect this year, aims to […]]]>


Last week, in the case of Rocky Mountain Association of Recruiters v. Moss, Case No.1: 20-cv-03819 (USDC Colo.), U.S. District Judge William J. Martinez denied a plaintiff’s request for a preliminary injunction to block parts of Colorado’s law on equal pay for equal work (EPEWA). The EPEWA, which came into effect this year, aims to close the gender pay gap in Colorado by prohibiting employers from paying an employee of one sex less than the other sex for a substantially similar work (part 1) and by requiring employers to comply with strict rules for posting job vacancies and pay transparency (part 2).

The applicant’s constitutional challenge

The above-mentioned lawsuit challenges EPEWA’s promotion and compensation requirements on constitutional grounds. Under the promotion posting requirement, employers must notify current employees of all promotion opportunities, with some exceptions. The statutory compensation posting requirement requires employers to include in every job posting:

  • the expected salary or range for the position;
  • a description of any bonuses, commissions or other forms of compensation offered; and
  • a description of all benefits available to employees.

The applicant specifically claims that these requirements violate the dormant trade clause and the First Amendment protections of trade speech. Based on these allegations, the plaintiff sued Scott Moss in his official capacity as director of the Division of Labor Standards and Statistics of the Colorado Department of Labor and Employment (Division) and sought a preliminary injunction prohibiting the Division to apply both provisions.

District court rejects claimant

In dismissing the claim, Judge Martinez found that the claimant had not provided sufficient evidence to show a “substantial likelihood of success on the merits” for either claim, which was required in a case. request for a preliminary injunction.

Under the Dormant Commerce Clause, states are prohibited from passing laws that discriminate against interstate commerce or unduly overburden interstate commerce over local state benefits. In seeking a preliminary injunction, the plaintiff alleged that the display, promotion and compensation requirements unduly weighed on interstate commerce relative to the state’s claimed public benefit of improving gender pay equity. Specifically, he argued that there was no evidence that the posting requirements would reduce the wage gap and that the potential benefits were outweighed by the burdens and costs of the requirements for employers doing interstate hires. .

Judge Martinez disagreed, finding that the plaintiff’s primary evidence regarding the interstate charges – the employer’s costs inside Colorado – was insufficient at this stage of the case to show “the relative magnitude of local benefits, compared to the burdens on interstate commerce ”created by EPEWA and its regulations.

Likewise, Judge Martinez dismissed the plaintiff’s claim under the First Amendment, agreeing with the division that the posting requirements are reasonably related to the government’s interest in reducing the gender wage gap and that requirements were not particularly onerous to cool down commercial discourse. He said that while the Division did not produce “empirical evidence” that the law will have a demonstrable effect on the gender wage gap, such certainty was not required to justify the restrictions. He also noted that the posting requirements only obligate the disclosure of factual information and that employers are always free to include additional information that may serve specific candidates or minimize confusion.

What does this mean to you

While the outcome of this district court case failed to block the implementation or enforcement of EPEWA, it left the door open – closely – to future grievances. The order says the plaintiff may be able to strengthen its request for a dormant trade clause after gathering additional evidence on the interstate impacts of the publication requirements.

We will continue to monitor this case and provide updates as it evolves. In the meantime, EPEWA’s promotion and compensation posting requirements remain in place and employers must ensure their hiring policies remain compliant. Additional information on EPEWA and its implementing regulations can be found at the links provided.

[View source.]



Source link

]]>
https://cflweb.org/united-states-district-court-rejects-colorado-equal-pay-act-injunction-husch-blackwell-llp/feed/ 0
Google and Oracle class certifications outline plan for compensation cases https://cflweb.org/google-and-oracle-class-certifications-outline-plan-for-compensation-cases/ https://cflweb.org/google-and-oracle-class-certifications-outline-plan-for-compensation-cases/#respond Fri, 04 Jun 2021 12:00:00 +0000 https://cflweb.org/google-and-oracle-class-certifications-outline-plan-for-compensation-cases/ An order from a California judge allowing a class of 10,000 women to file a wage discrimination claim against Google Inc. offers a roadmap for other complainants seeking to tackle gender inequalities in the workplace, unlike other battles against tech giants that have failed to gain traction. The Google case follows a similar ruling last […]]]>


An order from a California judge allowing a class of 10,000 women to file a wage discrimination claim against Google Inc. offers a roadmap for other complainants seeking to tackle gender inequalities in the workplace, unlike other battles against tech giants that have failed to gain traction.

The Google case follows a similar ruling last year in a case against Oracle Corp., which also received class action status. The women in this case also survived a motion to fire from the tech giant earlier this year. Trials will likely be set for both lawsuits in 2022.

As these lawsuits advanced, others faltered. Workers’ lawyers say there is still a way to reach the critical stage of class certification, despite a high bar the US Supreme Court set with a 2011 ruling that blocked 1.5 million women workers Walmart inc. to pursue their complaints of discrimination as a group.

“There has been an overreaction to this case. Yes, it has made it more difficult to certify class action lawsuits for employment discrimination, but it is not at all impossible, ”said Pauline Kim, professor of law at the University of Washington, who studies civil law. job.

In the Google and Oracle cases, lawyers sued under California’s equal pay laws and targeted companies ‘use of job seekers’ previous wages to set pay. The practice has been banned in a handful of states, with advocates including the US Equal Employment Opportunity Commission saying that because women are historically paid less than men, using their previous salary increases the gap in earnings. remuneration.

“The two companies have a practice that has a disparate impact,” said Jim Finberg of Altshuler Berzon, who represents workers in the Google and Oracle businesses. “If you use prepayment, you are blocking historical discrimination. “

Federal and state courts are divided on the issue of prior pay as a defense against equal pay lawsuits, and the United States Supreme Court has declined to hear a case that would have considered the issue .

Google argued in court records that the class should not have been certified because the case requires “unlimited individualized testimony” for different types of work performed by more than 33,000 employees. While lawyers for Google did not respond to a request for comment, a spokesperson for the company provided a statement.

“We strongly believe in the fairness of our policies and practices,” the statement said. “The company performs rigorous pay equity analysis to ensure that wages and bonuses are fair, and will adjust wages if necessary. “

“Essentially similar”

Women engineers in both Twitter Inc. and Microsoft Corp. failed to gain class action status for their gender bias cases and those rulings were upheld on appeal in 2018 by the U.S. Court of Appeals for the Ninth Circuit. Nike Inc. also faces a pending class action lawsuit in Oregon federal court over compensation and promotion practices.

The Twitter and Microsoft cases were prosecuted under Title VII of the Civil Rights Act 1964, not federal or state Equal Pay Act laws. Unlike the Google and Oracle cases, they also did not allege discriminatory compensation based on a common policy of using historical wages to set compensation.

Finberg said that in some ways Equal Pay Act claims, both federal and state law, are easier to certify than Title VII claims. , who have a higher bar to prove that there has been discrimination. California law is also more employee-friendly, he said, because it compares “essentially similar” rather than “essentially equal” jobs.

The substantially similar standard more closely follows the science of how jobs are organized and compares jobs rather than the person in jobs, said Kelly Dermody, who represents the Google class.

“That’s not where federal law was headed for a while,” said Dermody, partner of Lieff Cabraser Heimann & Bernstein in San Francisco. “Federal law influences the interpretation of state law, and sometimes the opposite is true.”

She said federal courts sometimes view equal pay claims too narrowly. In contrast, courts in New York and Massachusetts, as well as California, have ruled in favor of workers in equal pay cases.

Meanwhile, gender gaps permeate many industries, from Silicon Valley to Wall Street and big box retailers, Dermody said. Data shows that women in the United States earn 80 cents on the dollar compared to men in similar roles, and the gap is larger for women of color.

“Many companies have huge pay gaps between men and women. They figured it was okay to pay people differently for the same job because they had to hire someone at the higher rate to recruit them. It’s not the law and it never was the law, ”she said. “Unfortunately, those salary decisions that come early in their careers create massive salary gaps in a short period of time. “

‘New frontier’

Google’s certification decision “opens a new frontier in employment” in California, said Travis Gemoets, partner of Jeffer Mangels Butler & Mitchell LLP, who represents employers. He said it could influence federal equal pay classes as well.

“You’re going to see a lot more of this litigation in California,” Gemoets said, adding that the stakes are high with these types of claims because there are a lot of high paying people.

From an employer’s perspective, he said so many salary decisions are very individualized and they have opposed classes that compare apples to oranges.

However, many companies are struggling to address inequalities before they are hit by equal pay lawsuits, Gemoets said.

With “increased” exposure, employers previously reluctant to take action to close gender gaps may be more likely to do so to avoid class actions, he said.

Class common

There is no doubt that there have been recent additions to some state equal pay laws that make them more protective against wage disparity, said Joe Sellers, a Washington, DC-based partner at Cohen. Milstein Sellers & Toll, which is not logged into Google. or Oracle class actions. The sellers represented the plaintiffs in the Walmart Stores, Inc. v. Dukes class action lawsuit that went to the Supreme Court.

Sellers have said the issue of using past wages is under more scrutiny, but courts vary and some are more comfortable allowing employers to rely on this practice to set rates of pay.

He said that when a company has a common system for setting wages, this is a very important characteristic essential to class certification – and this is also consistent with federal claims of the Equality Act. salaries.

“The key to certifying claims was the common system of setting pay rates and the data available to make comparisons for workers in the same or similar jobs and to account for factors that otherwise account for pay rates regardless of sex, ”he said.

Class certification is a key step, and the advanced study lawyers have proposed for the Google and Oracle cases show that an individual claimant would likely have a hard time marshalling these resources for an individual claim.

“The failure to get a certified class, for most class members, is the end of their claims,” Sellers said. “Class certification in itself is not that easy and the courts have increased this burden over the past 15 to 20 years.”



Source link

]]>
https://cflweb.org/google-and-oracle-class-certifications-outline-plan-for-compensation-cases/feed/ 0
How Billie Jean King led the battle for equal pay for gambling https://cflweb.org/how-billie-jean-king-led-the-battle-for-equal-pay-for-gambling/ https://cflweb.org/how-billie-jean-king-led-the-battle-for-equal-pay-for-gambling/#respond Thu, 03 Jun 2021 19:58:54 +0000 https://cflweb.org/how-billie-jean-king-led-the-battle-for-equal-pay-for-gambling/ Whether longtime American legend Serena Williams, Japanese star Naomi Osaka or Canadian sensation Bianca Andreesu win the title in a Grand Slam tennis tournament these days, one thing is for sure: the players will receive the same prize. in silver than the male winner. But this was not always the case. The open era of […]]]>


Whether longtime American legend Serena Williams, Japanese star Naomi Osaka or Canadian sensation Bianca Andreesu win the title in a Grand Slam tennis tournament these days, one thing is for sure: the players will receive the same prize. in silver than the male winner.



Source link

]]>
https://cflweb.org/how-billie-jean-king-led-the-battle-for-equal-pay-for-gambling/feed/ 0