12/10/2015

DATE: DECEMBER 10, 2015

THE YEAR IN REVIEW AND A

LOOK FORWARD TO 2016

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12/10/2015

Carolyn Rashby
Senior Counsel

Walter M. Stella
Shareholder

Michele Ballard Miller

Shareholder

John R. Carrigan, Jr.

Senior Counsel

Todays Topics
NLRB Developments
EEOC Update and Discrimination
Independent Contractors
Wage and Hour
Arbitration
Paid Sick Leave
New California Laws for 2016
Supreme Court Cases
Pending Legislation
Best Practices for the New Year
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12/10/2015

NLRB Developments

NLRB and Work Rules

The National Labor Relations Board (NLRB) continues to police work rules
and employee handbooks and policies
On March 18, 2015, the NLRB General Counsels Office issued Memorandum
GC 15-04 on employer work rules and the interplay with the National Labor
Relations Act (NLRA). The memorandum reviews and analyzes a range of
work rules policies including:
Confidentiality
Misconduct
Communications with third parties
Use of logos
Photography and recording devices in the workplace
Conflicts of interest
And more
http://apps.nlrb.gov/link/document.aspx/09031d4581b37135
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12/10/2015

NLRB and Social Media

Three D, LLC d/b/a Triple Play Sports Bar and Grille v. NLRB (2nd Cir. Oct.
21, 2015) 2015 WL 6161477: Court affirmed NLRB decision that a
Facebook Like can amount to protected concerted activity. Former
employee posted, Maybe someone should do the owners of Triple Play a
favor and buy it from them. They cant even do the tax paperwork
correctly!!! Now I OWE moneyWtf!!!! One employee Liked the post
and another wrote, I owe too. Such an asshole. Several customers
were on the same thread.
PIER SIXTY, LLC And Hernan Perez And Evelyn Gonzalez (March 31,
2015) 362 NLRB No. 59: Board ruled that employer violated the NLRA
when it fired an employee who posted vulgar language about his boss on
Facebook, concluding the language was sufficiently tied to an upcoming
union election to constitute protected activity.

PRODUCED BY

NLRB and Joint Employers

Browning-Ferris Industries of California, Inc. (2015) 362 NLRB No. 186:
In a 3-2 decision, the NLRB overturned three decades of precedent to
significantly revise and broaden its standard for determining joint
employer status under the NLRA.
The NLRB will now consider the potential control or indirect control
of the manner and means of work performance.
Actual, direct control of the employment terms for a contractors
employees is no longer necessary.
Decision impacts union AND non-union employers and contractors.

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12/10/2015

NLRB and Electronic Signatures

On Sept. 1, 2015, the NLRB General Counsels Office issued
Memorandum GC 15-08 explaining that unions filing petitions will be
allowed to submit, and the Board will accept, electronic signatures in
support of a showing of interest if the Boards traditional evidentiary
standards are satisfied.
Unions no longer will need to gather employees signatures on
authorization cards before they can file a petition with the NLRB for a
representation election.
Minimum requirements for e-signatures include: signers name, email
or other contact information, telephone number, language to which
the signer has agreed, date the electronic signature was submitted,
name of the employer.

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11

Discrimination and
Harassment
Developments

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12/10/2015

EEOC Charge Trends

The EEOC recently issued its Performance and Accountability Report for
FY 2015.
The EEOC received 89,385 charges in FY 2015 and resolved 92,641
charges, leading to a six percent increase in charge resolutions, even
as workers filed more charges of discrimination compared to FY
2014.
The EEOC secured more than $525 million for victims of
discrimination in private employment, state and local government,
and federal workplaces.
In FY 2014, retaliation charges topped the charts (42.8 percent of all
charges), followed by race, sex, disability, and age no data yet for FY
2015.

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13

Gender Bias
Recent high profile case, Pao v. Kleiner Perkins, spotlights workplace
gender bias issues.
Ellen Pao sued Silicon Valley investment firm Kleiner Perkins for
gender discrimination and retaliation, claiming she was overlooked
for promotions in favor of men with less experience and subjected to
sexual harassment. She alleged that women partners were excluded
from dinner parties because they would kill the buzz, and she was
told that the personalities of women do not lead to success at
[Kleiner Perkins] because women are quiet.
Kleiner Perkins countered that Pao was a difficult employee and
lacked the qualifications to be a venture capitalist.
On March 27, 2015, following a 24-day trial, a San Francisco jury
returned a defense verdict in favor of Kleiner Perkins.
The case sparked new class action filings based on gender bias in the
tech world.
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12/10/2015

Sexual Orientation Discrimination

Obergefell v. Hodges (2015) 135 S.Ct. 2584: U.S. Supreme Court ruled
that the Constitution guarantees a right to same-sex marriage.
Complainant v. Foxx (July 16, 2015) EEOC Appeal No. 0120133080:
EEOC held that discrimination based on sexual orientation is sex
discrimination and prohibited under Title VII.
Roberts v. United Parcel Service (E.D.N.Y. July 27, 2015) 2015 WL
4509994: Court upheld $100k jury verdict finding unlawful a supervisors
repeated advice that the employees sexual orientation as a lesbian was
evil and needed to be changed in accordance with religious dictates. As
the nations understanding and acceptance of sexual orientation evolve,
so does the laws definition of appropriate behavior in the workplace

PRODUCED BY

15

Gender Identity Discrimination

EEOC v. R.G. & G.R. Harris Funeral Homes, Inc. (E.D. Mich. April 23,
2015) 2015 WL 1867460: Court found that EEOC stated a Title VII sex
stereotyping claim based on allegations that funeral director was
terminated because she is transgender, was transitioning, and did not
conform to employer's gender-based stereotypes.
Lusardi v. McHugh (April 1, 2015) EEOC Appeal No. 0120133395: EEOC
ruled that the Army discriminated against a transgender woman when it
required her to use the single-user restroom rather than the restroom
consistent with her gender identity, and manager referred to her as he.
On June 1, 2015, OSHA issued A Guide to Restroom Access for
Transgender Workers: Employees must be permitted to decide which
restroom to use, transgender employees cannot be segregated and
forced to exclusively use single-user or unisex restrooms, or remote
facilities.
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12/10/2015

Pregnancy Bias
Young v. United Parcel Service, Inc. (2015) 135 S.Ct. 1338: U.S. Supreme
Court reversed a Fourth Circuit decision which held that employers are
not required under the federal Pregnancy Discrimination Act to provide
pregnant workers with light duty assignments so long as the employer
treats pregnant employees the same as non-pregnant employees with
respect to job accommodations.
The UPS policy at issue provided temporary light duty (alternative
work assignments) for workers injured on the job, those who had
lost their DOT certifications, and employees disabled under the ADA.
[W]hy, when the employer accommodated so many, could it not
accommodate pregnant women as well?
On June 25, 2015, the EEOC issued an update to its Enforcement
Guidance on Pregnancy Discrimination and Related Issues, to address
the Young decision.
PRODUCED BY

17

Religious Accommodation
EEOC v. Abercrombie & Fitch Stores, Inc. (2015) 135 S.Ct. 2028:
Supreme Court held that to prevail in a disparate treatment claim, an
applicant need show only that her need for an accommodation was a
motivating factor in the employers decision, not that the employer had
actual knowledge of her religious-based need. An employer may not
make an applicants religious practice -- confirmed or suspected -- a
factor in employment decisions.
Abercrombie refused to hire Samantha Elauf, a practicing Muslim,
because the headscarf that she wore to her job interview conflicted
with Abercrombies employee dress policy.
Elauf wore the headscarf pursuant to her religious obligations, but
did not tell the store she wore the headscarf for religious reasons or
ask to be permitted to wear the headscarf to work as an
accommodation.
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12/10/2015

CFRA Regulations
On July 1, 2015, the Fair Employment and Housing Council's (FEHC) new
regulations interpreting the California Family Rights Act (CFRA) went into
effect.
Why were the regulations updated?
Align CFRA regulations with most recent FMLA regulations which
were updated in 2013 - to the extent not inconsistent with any
provision of the CFRA
Incorporate new court decisions
New poster and certification form
Other updates and clarifications, including: definitions, joint employers,
reinstatement, time period computation, certification, designation, terms
of leave, retaliation
PRODUCED BY

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CFRA Arbitration And Litigation

Richey v. Autonation, Inc. (2015) 60 Cal.4th 909: California Supreme
Court decided that an appellate court does not have the power to vacate
an arbitrators decision for legal error, where the error was not
prejudicial.
Court also found that regardless of employers honest belief as to
whether plaintiff was misrepresenting his medical condition, the
plaintiffs firing during a CFRA leave was based on his clear violation
of company policy.
To ignore this fact and to hold that [the employer] could not have
fired plaintiff under any circumstances for violating company policy
while on leave would ignore the rule that plaintiff had no greater
right to reinstatement or to other benefits and conditions of
employment than if [he] had been continuously employed during the
statutory leave period.
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12/10/2015

Arbitration
Developments

Arbitration Post-Iskanian
Whats happened since the California Supreme Courts ruling in CLS
Transportation Los Angeles LLC. v. Iskanian (2014) 59 Cal.4th 348?
Iskanian affirmed the validity of class action waivers in arbitration
agreements...but also held that PAGA waivers are not valid.
U.S. Supreme Court denied certiorari in Iskanian on January 20, 2015.
Sakkab v. Luxottica Retail North America, Inc. (2015) 803 F.3d 425: The
FAA does not preempt Iskanian rule that California law bars the waiver of
PAGA claims.
Securitas Security Services USA, Inc. v. Superior Court (2015) 234 Cal.
App. 4th 1109: Court invalidated entire arbitration agreement that
contained a class action and PAGA waiver, on grounds that Iskanian
rendered the PAGA waiver unenforceable and the agreement itself stated
that the class action/PAGA waiver could not be severed.
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12/10/2015

Class Action Waivers and the NLRA

The NLRB and courts continue to disagree over the enforceability of class
action waivers in arbitration agreements
Murphy Oil USA, Inc. v. NLRB (5th Cir. 2015) 2015 WL 6457613: Fifth
Circuit reaffirmed its prior ruling in D.R. Horton, once again holding that
an employer does not violate the NLRA by requiring employees to sign an
arbitration agreement that includes a class action waiver.
Amex Card Service Co. (Nov. 10, 2015) No. 28CA123865: NLRB ruled
that Amex committed an unfair labor practice by maintaining and
enforcing a mandatory arbitration policy that required employees to
resolve all claims through individual arbitration.

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23

Paid Sick Leave

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12/10/2015

Paid Sick Leave in California

Californias Healthy Workplaces, Healthy Families Act took effect on July
1, 2015.
The Act was amended by A.B. 304, which took effect on July 13, 2015.
The DLSE has issued its first opinion letter on aspects of the Healthy
Workplaces, Healthy Families Act, addressing how much paid sick leave is
required -- 24 hours or 3 days? -- for an employee who works 10 hour
shifts.
In November 2015, the DLSE issued updated FAQs under the Act:
http://www.dir.ca.gov/dlse/Paid_Sick_Leave.htm
Oakland and Emeryville sick leave ordinances took effect (on March 2,
2015 and July 2, 2015, respectively), and San Francisco issued FAQs on
the San Francisco PSLO and the State Paid Sick Leave Law.
PRODUCED BY

25

Paid Sick Leave Across the Nation

States, cities and other jurisdictions that have adopted paid sick leave laws
(varying effective dates):
California

Bloomfield, NJ

Elizabeth, NJ

Connecticut

East Orange, NJ

New York, NY

Massachusetts

Irvington, NJ

Eugene, OR

District of Columbia

Jersey City, NJ

Portland, OR

Oregon

Montclair, NJ

Philadelphia, PA

Emeryville, CA

Newark, NJ

Seattle, WA

Oakland, CA

Passaic, NJ

Tacoma, WA

San Francisco, CA

Paterson, NJ

Los Angeles (Hotels)

Montgomery County, MD

Trenton, NJ

Pittsburgh, PA
PRODUCED BY

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12/10/2015

Wage and Hour

Developments

Minimum Wage Update

Federal unchanged for 2016
California
$9.00/hour current
$10/hour effective January 1, 2016!
Exempt minimum salary will increase to $3,466.67/month,
$41,600/year effective January 1, 2016 (based on 2x state
minimum wage)
Computer Software Professional minimum pay rate: $41.85/hour,
$7,265.43/month or $87,185.14/year effective January 1, 2016

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12/10/2015

Local Minimum Wages

Local rates:
San Francisco - $13 (July 1, 2016)
San Jose - $10.30 (no change for 2016)
Oakland - $12.55 (January 1, 2016)
Emeryville - $12.25 or $14.44 (current); $13.00 or $14.82 (as of July
1, 2016) [rates for businesses with 55 or fewer employees, or 56 or
more employees]
And now Sacramento - $10.10 (January 1, 2017)
A.B. 970 effective January 1, 2016: The California Labor Commissioner
will (for the first time) have authority to enforce LOCAL laws regarding
minimum wages, and to issue citations and penalties for violations.

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29

The DOLs Overtime Proposal

On June 30, 2015, the DOL issued proposed rules to update the
regulations governing which employees are eligible for the white collar
(executive, administrative, professional) overtime exemptions under the
federal Fair Labor Standards Act.
The current FLSA salary threshold for exemption is $455 per week $23,660 per year.
Proposed salary level at the 40th percentile of weekly earnings for
full-time salaried workers - $921 per week, or $47,892 annually.
Total annual compensation requirement needed to exempt highly
compensated employees (HCEs) to increase to the annualized value
of the 90th percentile of weekly earnings of full-time salaried workers
($122,148 annually).
Will establish a mechanism for automatically updating the salary and
compensation levels.
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12/10/2015

Hours Worked
Mendiola v. CPS Security Solutions, Inc. (2015) 60 Cal.4th 833: California
Supreme Court reaffirmed the rule that hours worked under California
law includes all hours an employee is under the employers control, even
when the employee is not actively engaged in carrying out his or her job
duties.
Significantly, the Court held that a sleep period during the time an
employee is on call cannot be excluded from hours worked by
agreement between the employer and employee.

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Independent Contractor
Developments

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12/10/2015

DOL Guidance
On July 15, 2015, the DOL issued new classification guidance asserting
that most workers are employees under the Fair Labor Standards Act
and the Family and Medical Leave Act.
The guidance sets out a six-factor economic realities test to determine
whether workers are economically dependent on the employer or are in
business for themselves.
All of the factors must be analyzed and no single factor is
determinative.
The goal is to make an ultimate determination of economic
independence or dependence.
Contractual labels are irrelevant to the analysis, so an independent
contractor agreement or that a 1099-MISC was issued to the worker
is not indicative of an independent contractor relationship.
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The Uber (and Lyft) Issue

The companies assert that they are apps that connect drivers with
passengers, facilitating private transaction.
Class certification has been granted in drivers class action lawsuits
pending in federal district court for the Northern District of California:
OConnor vs. Uber Technologies and Cotter v. Lyft, Inc.
The California DLSE ruled that an Uber driver was an employee, and
awarded her over $4,000 in expense reimbursements.
The drivers work was integral to Ubers business and Uber retained
all necessary control over the operation as a whole (vets prospective
drivers, conducts background checks, drivers must register their cars
with Uber and cars must be less than 10 years old, drivers are paid a
non-negotiable service fee, and only Uber can negotiate a
cancellation fee with the passenger, etc.).
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12/10/2015

New California Laws

for 2016

Fair Pay Act

S.B. 358: Known as the Fair Pay Act, this bill amends Labor Code
1197.5 to prohibit employers from paying any employee at a wage rate
less than that paid to employees of the opposite sex for doing
substantially similar work. (Effective Jan. 1, 2016)
Whether work will be viewed as substantially similar will be based
on a composite of skill, effort, and responsibility.
Requires employers to affirmatively demonstrate that wage
differential is based entirely and reasonably upon enumerated
factors, such as seniority system, merit system, system that
measures earnings by quantity or quality of production, or bona fide
factor that is not based on or derived from a sex-based differential in
compensation and that is consistent with a business necessity.
Employers cannot prohibit employees from disclosing their own
wages, discussing the wages of others, or inquiring about another
employees wages, although no obligation to disclose wages.
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12/10/2015

Kin Care and School Matters Leave

S.B. 579: Amends Californias existing kin care law, Cal. Labor Code

233, to align the definition of family member and permitted kin care uses
with Californias new paid sick leave law. (Effective Jan. 1, 2016)

Kin care law will now cover time off to care for grandparents,
grandchildren, and siblings, and expands kin care reasons to include
leave related to the diagnosis, care, or treatment for an existing
health condition, or for preventive care, as well as certain absences
resulting from domestic violence, sexual assault, or stalking.
The legislation also expands Cal. Labor Code 230.8, which
addresses time off for childrens school activities, to permit time off
for finding child care and enrolling children in child care or school, as
well as child care emergencies.

PRODUCED BY

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Grocery Store Employee Retention

A.B. 897: Requires successor grocery employers to retain eligible
workers for a 90-day transitional period and, upon completion of that
period, requires the successor grocery employer to consider offering
continued employment to those workers. (Effective Jan. 1, 2016)
Applies to retail stores in California that are 15,000 square feet in
size and sell primarily household foodstuffs for offsite consumption.
To be eligible under the new law, an employee must: 1) have
worked for the predecessor employer for at least six months; and 2)
not be a manager, supervisor, or employee with access to
confidential/discretionary information
Successor employers cannot refuse to hire inherited employees based
on results of background checks or other pre-employment screens.
New employer that does not wish to employ an inherited employee
must have a valid reason to terminate the employee for cause.
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12/10/2015

Retaliation
A.B. 987: Clarifies that requesting a reasonable accommodation for a
disability or religious reasons is a protected activity under the California
Fair Employment and Housing Act (FEHA). The new law overturns a
recent court decision, Rope v. Auto-Chlor System of Washington (2013)
220 Cal.App.4th 635, which held that FEHAs retaliation protections did
not extend to accommodation requests. (Effective Jan. 1, 2016)
A.B. 1509: Extends Labor Code protections for engaging in protected
activity to also prohibit an employer or a person acting on their behalf
from retaliating against an employee because he or she is a family
member of someone who has engaged in protected activity. The new
law also spreads financial responsibility for retaliation by a staffing firm or
other labor contractor to the client employer. (Effective Jan. 1, 2016)

PRODUCED BY

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Wage Statements and PAGA Claims

AB 1506: Permits employers to cure certain types of wage statement
defects after receiving notice of a PAGA claim from an employee.
(Effective October 2, 2015)
Applies to claims alleging that the employer has not included the
inclusive dates of the period for which the employee is paid on the
wage statement, and the name and address of the employer.
Violations will be cured upon a showing that the employer has
provided a fully compliant, itemized wage statement of each
aggrieved employee for reach pay period for the three-year period
prior to the date on the written PAGA notice. The cure must occur
after the employer receives notice of a PAGA claim within the 33-day
period before the employee can file a lawsuit.

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12/10/2015

Piece Rate Workers

A.B. 1513: Requires that piece-rate employees be compensated for
nonproductive time, which includes rest and recovery periods,
separately from (and in addition to) their piece-rate compensation.
(Effective Jan. 1, 2016)
Nonproductive time must be compensated at an average hourly rate
that is determined by dividing the employees total compensation for
the workweek by the total hours worked during the workweek.
Nonproductive time must be compensated at no less than the
applicable minimum wage.
If employers pay an hourly rate for all hours worked in addition to
piece-rate wages, then those employers would not need to pay
amounts in addition to that hourly rate for the other nonproductive
time.
The new law also specifies additional information that must appear
on a piece-rate employees itemized wage statement.
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Other Wage and Hour

AB 970: Authorizes the California Labor Commissioner to investigate and
enforce local overtime and minimum wage laws -- such as San
Franciscos Minimum Wage Ordinance -- and to issue citations and
penalties for violations, except when the local entity has already cited the
employer for the same violation. The measure also gives the Labor
Commissioner authority to issue citations and penalties to employers who
violate the expense reimbursement provisions of Cal. Labor Code 2802.
(Effective Jan. 1, 2016)
S.B. 327: Confirms that employees in the health care industry who work
shifts of more than eight hours in a day may waive one of their two meal
periods by written agreement signed by both the employee and the
employer. (Took effect upon signing)

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12/10/2015

E-Verify
A.B. 662: Prohibits an employer from using E-Verify to check the
employment authorization status of an existing employee or an applicant
who has not received an offer of employment, except as required by
federal law or as a condition of receiving federal funds. Would subject
each employer that uses E-Verify in violation of this new section to
penalties of up to $10,000 per violation. (Effective Jan. 1, 2016)

PRODUCED BY

43

Vetoed California Bills

A.B. 1017: Would have prohibited employers from seeking salary history
information about an applicant for employment.
S.B. 406: Would have expanded the coverage and scope of the
California Family Rights Act (CFRA) to include taking leave to care for
grandparents, siblings, grandchildren and parent-in-laws. Current law
allows employees only to take leave to care for parents, children, a
spouse or domestic partner.
A.B. 465: Would have banned mandatory arbitration agreements as a
condition of employment.

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12/10/2015

Pending Federal Legislation

H.R. 465: The Working Families Flexibility Act would amend FLSA to
provide compensatory time for employees in the private sector.
H.R. 550: The EEOC Transparency and Accountability Act would direct
the EEOC to maintain up-do-date information on its website regarding
charges and actions.
S. 1564: The Guaranteed Paid Vacation Act would guarantee 10 days of
paid vacation per year.
S. 1821: The Pay Workers a Living Wage Act would increase the federal
minimum wage.

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Pending Supreme
Court Decisions

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12/10/2015

Pending U.S. Supreme Court Cases

Friedrichs v. California Teachers Association (9th Circuit): The Court is set
to hear oral arguments in January 2016: 1) whether public-sector
agency shop arrangements violate the First Amendments protections for
freedom of speech and assembly; 2) whether the First Amendment
prohibits the practice of requiring public employees to affirmatively optout of subsidizing nonchargeable speech rather than to affirmatively
consent.
EEOC v. CRST Van Expedited Inc. (8th Circuit): The Court will consider
trucking companys bid to collect a $4.7M fee award from the EEOC in a
sexual harassment dispute that the agency lost for failing to meet presuit obligations.

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Pending California Supreme Court Cases

Connor v. First Student Inc. et al (2015) 239 Cal.App.4th 526: Is the
state Investigative Consumer Reporting Agencies Act (ICRAA)
unconstitutionally vague when applied to background checks due to
overlap with Consumer Credit Reporting Agencies Act (CCRAA)?
Augustus v. ABM Security Services, Inc. (2015) 233 Cal.App.4th 1065: Do
Labor Code 226.7, and Wage Order 4 require that employees be
relieved of all duties during rest breaks, and are employees who remain
on call during rest breaks performing work during that time?
Mendoza v. Nordstrom (9th Circ. 2015) 778 F.3d 834: Is Californias rule
requiring one days rest in seven is calculated by the workweek or on a
rolling basis for any consecutive seven-day period? Does the Labor Code
Section 556 day of rest exemption apply when an employee works less
than six hours in any one day of the applicable week or only when an
employee works less than six hours in each day of the week? What does
it mean to cause employees to work more than six days in seven?
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12/10/2015

Pending California Supreme Court Cases

Baltazar v. Forever 21 (2012) 150 Cal.Rptr.3d 845: Is an employment
arbitration agreement is unconscionable for lack of mutuality if it contains
a clause providing that either party may seek provisional injunctive relief
in the courts and the employer is more likely to seek such relief?
Dynamex Operations West, Inc. v. Superior Court (2014) 179 Cal.Rptr.3d
69: In a wage and hour class action regarding independent contractor
misclassification, may a class be certified based on the IWC definition of
employee as construed in Martinez v. Combs or based on the common
law Borello test?

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49

Best Practices for

2016

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12/10/2015

Best Practices for 2016

Review and update employee handbook to ensure compliance with all
new laws and NLRB work rule decisions.
Ensure sick leave and PTO policies comply with applicable state and local
sick leave laws.
Revise EEO and anti-harassment policies to ensure coverage for all
protected classes.
Review policies and practices that may impact pregnancy disability leave
and accommodation -- to ensure compliance with Young the EEOCs and
Californias pregnancy disability regulations.
Train supervisors and co-workers to be tolerant regarding appearance
that may not comport with stereotypic notion of what is appropriate.
Avoid imposing appearance standards that do not implicate actual job
performance or the effective operation of the business.
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Best Practices for 2016

Check minimum wage rates and salary rates for exempt employees.
Prepare for federal overtime changes by reviewing workforce salary levels
for each employee to ensure they are above the minimum threshold, plan
for automatic increases, and re-examine job duties.
Evaluate how piece-rate employees are paid and compliance with
requirements regarding nonproductive time.
Review wage statements for compliance.
Review worker classification (i.e. independent contractor problem).
Check workplace posters to ensure you have all required federal, state
and local posters and the most up-to-date versions.

PRODUCED BY

52

Copyright 2015 Miller Law Group,

Professional Corporation. All Rights Reserved.

26

12/10/2015

Best Practices for 2016

Review pay and compensation-related policies and procedures for
compliance with the new Fair Pay Act, including job descriptions,
employee handbooks, review and evaluation protocols.
Consider auditing employee salary structures. If pay differences between
employees doing substantially similar work, analyze the basis for the
differences.
Provide guidelines to members of management who make decisions
regarding employees pay and compensation.
Train managers not to restrict employee discussions regarding wages.

PRODUCED BY

53

UPCOMING WEBINARS

REGISTER AT WWW.MILLERLAWGROUP.COM

Copyright 2015 Miller Law Group,

Professional Corporation. All Rights Reserved.

Discrimination and Unconscious Bias in the Workplace:

A Fresh Look At Old (And Some New) Laws

Thursday, January 21, 2015 10:00am 11:30am

1.5 hours of HRCI, SHRM, and Recognition and Elimination of

Bias MCLE Continuing Education Credits.

27

12/10/2015

Feedback Form

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Copyright 2015 Miller Law Group,

Professional Corporation. All Rights Reserved.

Please fill out the Feedback Form that will popup on

your computer screen upon exiting this program.

Certificates containing continuing education information will

be emailed this afternoon.
Contact Miller Law Group or EKO for additional information.

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