As we move into 2023, I plan to provide a series of short updates that HR, compliance and legal departments need to know. Each summary will focus on employment or data privacy related laws, cases or compliance tips. I hope you find these helpful.
Pay Transparency Laws
In 2023 – Washington and Rhode Island join the growing number of states (e.g. California, Colorado, Connecticut, Maryland and Nevada) in adopting or expanding pay transparency laws. Requirements include pay scale summaries in job postings (and/or upon request by applicants/interviewees), compensation reporting to state agencies and/or restricting inquiries on salary history to applicants/interviewees. Many cities and municipalities (including New York, New Jersey and Ohio) have also implemented similar requirements. See below helpful articles for further detailed information…..
DEI Initiatives/Guidelines – avoiding discrimination claims
When designing your DE&I framework, be careful to avoid design features or targets that may trigger employment discrimination claims. Recently, a Houston based federal district court denied the summary judgement motion of an employer who sought to dismiss claims by a former employee (a non-minority male) that certain design elements of the employer’s DE&I program amounted to sex discrimination. Among the features that the court found problematic were a) bonuses with gender-based targets, b) pre-determined promotions or filling of open positions by a particular race/gender and c) instructing leadership to use reductions in force/restructuring as a means to expedite the achievement of gender or minority targets. See below reference to the case and a helpful article with more information….
Burak Powers v Broken Hill Proprietary (USA), Inc.
A corporate attorney, human resources professional and employee relations specialist with expertise in providing practical solutions to complex challenges. Comprehensive knowledge of legal, business and human resources functions, industry best practices and trends developed during 20 years of in-house corporate practice. Excellent communication and interpersonal skills, with an emphasis on building strong business partnerships and client relationships. A broad thinker who strives to lead with integrity.
In 2022, Jason founded JAME Consulting, LLC which provides comprehensive HR, legal and data privacy compliance solutions for all stages of the employee lifecycle. Please see the “Our Services” and “About Us” links at www.jameconsulting.com for more information about the services provided by JAME Consulting.
Installment 1 – December 29, 2022
Happy Holidays everyone!
As we move into 2023, I plan to provide a series of short updates that HR, compliance and legal departments need to know. Each summary will focus on employment or data privacy related laws, cases or compliance tips. I hope you find these helpful.
Pay Transparency Laws
In 2023 – Washington and Rhode Island join the growing number of states (e.g. California, Colorado, Connecticut, Maryland and Nevada) in adopting or expanding pay transparency laws. Requirements include pay scale summaries in job postings (and/or upon request by applicants/interviewees), compensation reporting to state agencies and/or restricting inquiries on salary history to applicants/interviewees. Many cities and municipalities (including New York, New Jersey and Ohio) have also implemented similar requirements. See below helpful articles for further detailed information…..
https://www.businessinsider.com/pay-transparency-laws
https://www.lawandtheworkplace.com/2023-pay-transparency
https://www.jdsupra.com/legalnews/employment-law-update
DEI Initiatives/Guidelines – avoiding discrimination claims
When designing your DE&I framework, be careful to avoid design features or targets that may trigger employment discrimination claims. Recently, a Houston based federal district court denied the summary judgement motion of an employer who sought to dismiss claims by a former employee (a non-minority male) that certain design elements of the employer’s DE&I program amounted to sex discrimination. Among the features that the court found problematic were a) bonuses with gender-based targets, b) pre-determined promotions or filling of open positions by a particular race/gender and c) instructing leadership to use reductions in force/restructuring as a means to expedite the achievement of gender or minority targets. See below reference to the case and a helpful article with more information….
Burak Powers v Broken Hill Proprietary (USA), Inc.
www.texasemploymentlawupdate.com/PowersvBHP.pdf
https://www.texasemploymentlawupdate.com/TexasDEIcase