January 03, 2024
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Category: State and Local Law

Notable New State Workplace Laws Going Into Effect on January 1, 2024

Many state workplace laws discussed in our Interstate memos are taking effect at the beginning of the year. Therefore, we have compiled a digest of the most notable new state laws, as well as two local laws from Chicago and Seattle. Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.
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December 20, 2023
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Category: Compensation

Colorado Issues Regulatory Guidance on Its Recently Amended Pay Transparency Law

The Colorado Department of Labor and Employment (CDLE) has issued regulatory guidance on the state’s recently amended and highly prescriptive Equal Pay for Equal Work Act. The amendments go into effect January 1, 2024. Since 2021, the law has required covered employers operating in Colorado to: (1) include pay ranges in job postings for all jobs that could be performed in the...
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December 12, 2023
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Category: FLSA

Six States Will Have Overtime Minimum Salary Thresholds Higher Than Fed as of 1/1/24

To be exempt from overtime pay under federal law, an executive, administrative, or professional employee must be paid a weekly salary of at least $684 (equivalent to an annual salary of $35,568), regardless of the employee’s job duties. The Fair Labor Standards Act (FLSA) does not preempt individual states from enacting their own more expansive wage and hour laws, however, and...
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December 05, 2023
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Category: State and Local Law

CWC Interstate: December 2023 Update

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, presents its latest update of state and local workplace compliance requirements, which covers developments that have occurred since the previous update in October. CWC members can read more here.
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October 23, 2023
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Category: Compensation

Recent Equal Pay Case Illustrates How Federal and State Law Outcomes Can Vary

A recent equal pay discrimination ruling by the U.S. Court of Appeals for the Second Circuit serves as a reminder that a court can reach different outcomes depending on whether it is applying federal law or a more expansive state law. In Eisenhauer v. Culinary Institute of America, a female professor for the Culinary Institute of America sued under both New York...
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September 19, 2023
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Category: Compensation

State and Local Pay Transparency Law Update: Stay Current With CWC’s Online Resource

Over the past two years, there has been a proliferation of state and local laws that require covered employers to include hourly pay or salary ranges in their job postings. These laws have created compliance challenges, especially for employers with multi-state operations. The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, offers a Pay Transparency Requirements resource, available online in...
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September 06, 2023
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Category: Discrimination and Harassment

California High Court Rules Third-Party Vendor Can Be Sued for Discrimination Under State Law

The Supreme Court of California has ruled that a third-party vendor performing job application screening services for an employer can be sued directly for discrimination under the state’s Fair Employment and Housing Act (FEHA). The ruling in Raines v. U.S. Healthworks Medical Group aligns California law with the federal courts’ interpretation that Title VII and other federal antidiscrimination statutes extend...
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July 18, 2023
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Category: Affirmative Action and Diversity

13 GOP State AGs Send Letter to Fortune 100 With Warning That DEI Practices Will Be Scrutinized

Seizing on the Supreme Court’s recent decision barring the consideration of race in college admissions, the Republican Attorneys General of 13 states have signed a letter notifying Fortune 100 companies that their diversity, equity, and inclusion (DEI) practices are under scrutiny for potential race discrimination. Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.
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April 18, 2023
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Category: Agency Enforcement

Does Modified EEOC–CA Worksharing Agreement Mean More Dual Charge Investigations?

A change in the worksharing agreement between the U.S. Equal Employment Opportunity Commission (EEOC) and California’s Civil Rights Department (CRD) suggests that an employer may have to respond to investigations by both agencies stemming from the same charge. The change appears to be driven by the agencies’ discrimination investigations of the company Activision Blizzard, but it has implications well beyond...
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April 17, 2023
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Category: Affirmative Action and Diversity

New York City Issues AI Bias Audit Law Implementing Regulations, Sets July 5 Effective Date

New York City, through its Department of Consumer and Worker Protection (DCWP), has published long-awaited Final Rules implementing the city’s first-of-its-kind artificial intelligence (AI) bias audit law, Local Law 144 of 2021. DCWP will begin enforcing the law on July 5, 2023. The AI bias audit law prohibits covered employers from using an artificial intelligence tool to screen a candidate or employee for a...
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