Another Employer-friendly Nod from Trump
By: Adrian Hoppes
President Trump tapped Eugene Scalia, son of the late U.S. Supreme Court Justice Antonin Scalia, to fill the Labor Secretary vacancy at the Department of Labor (“DOL”) created when Alex Acosta stepped down this past July. Scalia is a long time management-side employment attorney. If Scalia is confirmed, he will bring with him years of expertise in challenging several administrative regulations, including at the DOL. Scalia has worked in the trenches on a large number of labor issues for years and brings a significant level of understanding on how to enact President Trump’s agenda. Scalia faced many tough questions on Thursday September 19th during his hearing before the U.S. Senate Health, Education, Labor, and Pension Committee but overall, his performance did not suggest that there will be a road block from sending his nomination to the Republican-controlled Senate.
EEOC Slapped with Sanctions for Pursuing Claims for Plaintiffs Long Dead
By: Rebecca Schach
The EEOC accused the packaging and distribution giant Marquez Brothers International Inc. (“Marquez Brothers”) of discriminatory hiring practices based on race at its facility in Hanford, California. The EEOC also charged that Marquez Brothers failed to keep hiring records and other employer information reports. When the Marquez Brothers could not “conciliate” with the EEOC, the agency moved forward with a lawsuit in District Court for the Eastern District of California. The only problem for the agency – the named Plaintiffs were long dead.
The Marquez Brothers fought back against the EEOC accusing the agency of waging a “bad-faith campaign” and sanctions were levied against the EEOC. This week, the lawsuit finally settled after more than three years of open warfare. The Marquez Brothers will settle for $2 million in the lawsuit and although the EEOC claims “victory” it was not a fight without punches thrown on both sides.
Walmart Equal Pay Battle With the EEOC Continues
By: Rebecca A. Hause-Schultz
The EEOC found that Walmart likely discriminated against female store workers by paying them less or denying promotions because of their gender, according to the Wall Street Journal. You can find the article here. Walmart says that the allegations are more than 15 years old and “not representative of the positive experiences millions of women have working at Walmart.” The EEOC does not comment on investigations unless litigation is filed. If the parties do not reach resolution, this may mean the EEOC will file a civil case.
COUNSEL TO MANAGEMENT:
In California, the Fair Pay Act makes it unlawful for an employer to pay wage rates less than the rates paid to employees of the opposite sex for substantially similar work, when considering the skill, effort, responsibility, and working conditions of the job. The best way to protect your Company from these types of claims is to stay up on the state of the law and audit your Company’s compensation structure to ensure compliance with the Fair Pay Act. If you have questions about the Fair Pay Act, contact the experts at The Saqui Law Group, a Division of Dowling Aaron Incorporated.