Employment Law Update
By Mark D. Tolman
Starved for developments arising from the federal Equal Employment Opportunity Commission (EEOC)? Hoping for an email update focused exclusively on the EEOC? This update is for you! We are covering several key EEOC developments, all published over the last two weeks.
EEOC and WHD Collaborate on Fair Pay
On Sept. 14, 2023, the EEOC and the U.S. Department of Labor's Wage and Hour Division (WHD) published a joint Memorandum of Understanding (MOU) on their collaboration to combat fair pay issues, including but not limited to, issues arising from the newly-enacted Pregnant Workers Fairness Act and PUMP Act. WHD enforces the Fair Labor Standards Act, including its minimum wage, overtime, recordkeeping and nursing mother provisions. The EEOC enforces federal anti-discrimination laws, including the Equal Pay Act and Title VII of the Civil Rights Act of 1964. The MOU is focused on the intersection of these laws. According to the MOU, its purpose "is to maximize and improve the enforcement of the federal laws administered by DOL/WHD and by the EEOC. This MOU will encourage enhanced law enforcement and greater coordination between the agencies through information sharing, joint investigations, training, and outreach." In other words, if the EEOC determines that an employer has engaged in unfair pay practices, you likely should expect a call from the WHD and vice versa.
EEOC Releases its Strategic Enforcement Plan for 2024 to 2028
On Sept. 21,...
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