Tag Archives: EPA

Employee Need Not Give Severance Back Before Moving Forward

Severance
An employee signs a separation agreement and receives severance pay. The employee then has second thoughts, alleges she was coerced into signing the agreement, and wants to pursue her discrimination claims in court. Must the employee give back the severance before suing? On August 13, 2018, in McClellan v. Midwest Machining, the Sixth U.S. Circuit … Continue reading this entry

Ninth Circuit Reverses Course on Whether Salary History Justifies Pay Differences

exempt
Employers take note: At least within the area covered by the Ninth Circuit Court of Appeals (including Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington), prior salary history can no longer justify a pay difference between male and female employees.  In a move that reversed the court’s own previous ruling, an 11-judge panel … Continue reading this entry

OSHA Update—OSHA Small Business Advocacy Review Panel Commences Teleconferences to Discuss Possible Revisions to Process Safety Management Standard

On June 2, 2016, the Occupational Safety and Health Administration (“OSHA”) convened the Small Business Advocacy Review Panel (“SBAR Panel”) in accordance with the Small Business Regulatory Enforcement Fairness Act.  The SBAR Panel was convened as a follow-up to Executive Order 13650 entitled “Improving Chemical Facility Safety and Security” (the “EO”).   The EO stated that … Continue reading this entry

“Equal” Means “Equal in Substance,” Not “Equal in Form”

We noted several weeks ago that the Ellen Pao case reminds us that sometimes settlement is better than the airing of sensitive allegations, and sometimes outrageous settlement demands require an aggressive defense, media attention notwithstanding. But just below that surface is a different issue Ms. Pao’s allegations have highlighted: equal pay for equal work questions, an … Continue reading this entry