Photo credit: iStock.com/BCFC
By Bethanie Thau
Why This Matters
In early March, the U.S. District Court for the District of Columbia revived an Obama-era rule that requires larger companies to report workers’ pay data broken down by gender, race, and ethnicity. Last week, the Court issued an order requiring employers to submit 2018 EEO-1 pay data by September 30, 2019. Just this morning, the EEOC announced it will also collect 2017 data. This means that employers with 100 or more employees (and federal contractors with 50 or more employees) will be required to report their employees’ 2017 and 2018 W-2 compensation information and hours worked by the September deadline. The deadline to submit all other EEO-1 data, such as race and gender information, remains May 31, 2019. (more…)
By Suzanne Steinke and Melvin Felton, II
Most employers rarely think about their obligation to provide seats for their employees. The California Supreme Court’s recent decision in Kilby v. CVS Pharmacy should have employers standing up and taking notice.
Addressing how to evaluate whether “the nature of the work reasonably permits the use of seats,” the Kirby Court clarified that this is an “objective” standard based on the “totality of the circumstances” and the employee’s actual tasks performed at a given location in the workplace. While this opinion is likely to raise more questions than it answers, the Court offered some factors to be considered in the analysis, discussed in greater detail below. Likely most informative to employers, however, is the Court’s warning that “[t]here is no principled reason for denying an employee a seat when he spends a substantial part of his workday at a single location performing tasks that could reasonably be done while seated, merely because his job duties include other tasks that must be done standing.” (more…)