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Newsletter #15 April 17, 2018 |
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Salary HIstory and Sex Discrimination
Did the Court go too far?
Last week’s Ninth Circuit Court of Appeals decision in Rizo v. Yovino found that salary history was not a legitimate “factor other than sex” for determination of pay under the federal Equal Pay Act (EPA). The interpretation is complicated, but the Equal Pay Act doesn’t require discriminatory intent. If a woman can show that she is getting less than a similarly situated male comparator, then she wins unless the employer can prove that an exception to the EPA applies.
The exceptions are:
- A Seniority System
- A Merit System
- A system which measures earnings by quantity of quality of production, or
- A differential based on any other factor other than sex
In the Rizo case, the Fresno County (California) School System argued that salary history falls into the last category – a differential based on any other factor than sex. The court rejected the argument, adopting a “per se” rule that salary history is an inherently discriminatory consideration.
Did the Ninth Circuit court go too far? Attorney Robin Shea thinks so. She argues that disparities in prior salaries can occur for many reasons other than gender discrimination, including starting positions, geography, and competitive job offers. Read the entire article in the GEA blog. |
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| | | Cover the bases: GEA's Legal and Benefits Workshop
May 21 - 22 at Lake Lanier Islands
In baseball, keeping the bases covered is fundamental. In fact, there’s an infield position, the shortstop, that’s mostly dedicated to backing up second base.
What about in business? It’s frequently the HR professionals that take on the shortstop role. Covering the position can be complex, requiring an understanding of the legal and regulatory environment that governs relationships between organizations and their employees, but also being able to assure competitive compensation and benefits needed to hire and retain top talent.
Like the shortstop, it’s important for HR professionals to stay alert, aware of the latest developments and able to react quickly at the crack of the bat. GEA’s upcoming Legal and Benefits Workshop at Lake Lanier Islands is designed to provide the information and insights you need to stay sharp and cover the bases for your organization.
Presentations Include:
- Legal Update on Benefits – From Healthcare to Retirement Programs
- Workplace Challenges from FLSA, ADA, and FMLA
- The Trump Administration’s Effect on Labor and Employment Law
Co-sponsored by the Gwinnett Chamber of Commerce, the event begins on Monday, May 21 with an afternoon of golf, followed by the workshop on May 22. There’s more information and online registration on the GEA website. |
| | | April LinkedIn Workforce Report indicates 19.3% hiring increase over 2017
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LinkedIn recently released their April 2018 Workforce Report, confirming a hiring boom in major US cities and across the U.S. March 2018 figures increased by 19.3% against the previous year and were 3.1% higher than February numbers. LinkedIn expects the year-to-year gaps to close in coming months, reflecting major increases in hiring that occurred in Spring 2017.
Industries with the largest year-over-year hiring increases include financial services (20.9%); aerospace, automotive, and transportation (18.8%); and manufacturing (18.8%). Hiring slowed in the professional services industry, up only 9.9% from 2017. Government hiring increased 10% from 2017.
In Atlanta, year-over-year hiring was 21.9% higher in March and the LinkedIn hiring rate increased by 3.4% from February 2018. According to the report, IT and Systems Management skills, Sales, and Management skills are readily available in Atlanta. Engineers, healthcare managers, and non-profit employees are in scarce supply.
LinkedIn’s monthly Workforce Report is based on internal data gathered by the business social network. Over 146 million U.S. workers have LinkedIn profiles and 20,000 U.S. companies post over 3 million jobs on the network each month. Sources:LinkedIn Workforce Report | United States, LinkedIn.com, April 5, 2018.
LinkedIn Workforce Report | Atlanta, LinkedIn.com, April 5, 2018. |
| | Putting together a Competitive Compensation Program
Is it time to take a close look at your Wage and Salary Administration Program? If you’re interested in creating or redesigning a new compensation program, you’ll want to attend GEA’s next Lunch and Learn on Wednesday, May 2. We’ll take a look at the key decisions involved and the steps you’ll take to implement a compensation program that is competitive and geared to produce the outcomes that your organization desires.
Topics include: - Identifying objectives – an outcome based approach
- Developing a structure that facilitates performance-based wage and salary increases
- The importance of communication for employee understanding and buy-in.
There’s more information on the Lunch and Learn page of the GEA website. |
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Georgia Employers' Association |
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