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October 31, 2023

Second Circuit Holds EPA “Factor Other Than Sex” Affirmative Defense Need Not Be Job-Related

Thelma Akpan and Katelyn McCombs discuss a notable Second Circuit decision that held employers are not required to show that a “factor other than sex” defense must be job-related under the federal Equal Pay Act (EPA).

In the News
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October 27, 2023

Questions surround proposed FAMLI rules as program preps for January launch

David Gartenberg said he is worried about the fact that the rule leaves the FAMLI benefits out of alignment with unpaid Family and Medical Leave benefits allowed under federal law.

In the News
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October 27, 2023

Amid State Action, National Dems Push For Miscarriage Leave

Rick Reyes says the passage of five days of leave after a pregnancy loss in California is a sign the debate will spread to more states amid a national push, as well. (Subscription required.)

In the News
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October 27, 2023

Joint Employment Rules Vary by Agency: Different Tests Explained

The DOL said it plans to return to a broader totality-of-the-circumstances economic realities approach to joint employment, and Jim Paretti says the change has made conversations with clients and examinations of their relationships “longer and harder” tha

In the News
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October 27, 2023

Labor Board’s Joint Employer Rule Faces Court, Congress Hurdles

Jim Paretti says the National Labor Relations Board’s new rule for determining when two businesses jointly employ the same workers might be challenged by the major questions doctrine, given that the impact of the rule is so broad and the term “joint emplo

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