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Navigating Pay Equity and Transparency Compliance During the Great Resignation

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With a record breaking 4.5 million Americans quitting their jobs in March 2022, the Great Resignation has created a tension between meeting the increased business demand for talent, and compliance with the growing patchwork of pay equity and transparency laws.

With a record breaking 4.5 million Americans quitting their jobs in March 2022, the Great Resignation has created a tension between meeting the increased business demand for talent, and compliance with the growing patchwork of pay equity and transparency laws. Numerous states and localities have passed, or are considering passing, laws requiring companies to disclose their pay ranges to applicants and employees and submit data to government agencies on their pay equity practices. This trend follows after many states amended their laws in the last few years to make it easier to pursue class and individual pay discrimination claims. Governmental enforcement agencies, such as OFCCP and EEOC, are also continuing to make pay discrimination a key enforcement priority. In the war for talent, some employers are being forced to let their pay equity compliance take a back seat to the increasing need to attract and retain employees.Join us as we explore these compliance challenges and discuss practical solutions for navigating them in the current competitive labor market. Topics to be discussed include:<ul><li>The impacts of the Great Resignation on pay equity practices</li><li>The trend of pay equity, transparency, and reporting laws, including laws in California, Colorado, Illinois, New York City, Massachusetts, Washington, and more</li><li>Trends in enforcement of pay discrimination claims at EEOC, OFCCP, and state agencies</li><li>Practical steps for navigating compliance and employee relations issues arising from these trends during a hot job market</li></ul><div><a target="_blank" href="https://www.veracast.com/webcasts/mofo/mcle-programs/b17D2K.cfm">On-Demand Replay</a></div><hr>

Navigating Pay Equity and Transparency Compliance During the Great Resignation

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Andrew represents companies on a broad range of labor and employment litigation and counseling matters, successfully defending clients in number complex matters before federal and state courts and administrative agencies. A primary focus of his practice involves helping companies navigate the unique employment issues that arise when doing business with the federal government, such as:<ul><li>OFCCP compliance</li><li>Creating and implementing affirmative action plans</li><li>Defending OFCCP audits and onsite investigations</li><li>Conducting mock pay equity audits</li><li>Drafting and developing business ethics policies and programs</li><li>Complying with the Service Contract Act, E-Verify, and the Drug Free Workplace Act</li></ul>He is also well-versed in defending clients against claims alleging trade secret misappropriation, breach of post-employment restrictions, wage-and-hour violations, discrimination, and retaliation.Andrew routinely develops practical, proactive strategies to help employers minimize risk on various human resource matters. Andrew regularly advises clients on:<ul><li>EEO and diversity</li><li>Wage-and-hour</li><li>High-stakes employee terminations</li><li>Executive disputes</li><li>Reductions in force</li><li>Leaves of absence</li><li>Accommodations</li><li>Pay equity</li><li>Employee selection processes</li><li>Employment testing</li><li>Contingent workers </li><li>Policy development and application</li></ul>In addition, Andrew advises on a wide range of employment transactional matters, such as drafting and negotiating executive employment agreements and separations, overseeing internal investigations and audits of employment issues, and conducting employment diligence on mergers, acquisitions, and other corporate transactions.He has significant experience advising technology and other companies on protecting against the loss of trade secrets, proprietary information, and current and prospective clients. Andrew also represents employers in matters involving union avoidance, negotiating and drafting collective bargaining agreements, handling union grievances, and avoiding and defending unfair labor practice charges.<h4>Federal Contractor Experience</h4><ul><li>Defended numerous OFCCP audits, including closing audits with a finding of no violations against a major accounting firm, a language learning software provider, and a technology consulting company</li><li>Obtained complete dismissal of a significant OFCCP complaint against a large aerospace and space transport company</li><li>Performed mock SCA audits for various contractors</li><li>Led labor and employment diligence for $1 billion acquisition of international security firm</li><li>Developed and overhauled numerous affirmative action plans and EEO training programs</li><li>Analyzed subcontractor status for numerous companies to determine OFCCP coverage, including for a large semiconductor manufacturer</li><li>Conducted E-Verify and I-9 audit for a national dispute consulting contractor</li><li>Performed “single entity” analysis for one of the largest mutual life insurance companies</li><li>Conducted pay equity audits for contractors, including for a software and consulting company</li><li>Obtained DOL approval under the SCA for self-funded fringe benefit program of an aviation and space contractor</li><li>Advised a multinational package delivery company on establishing program to conduct denied party screening under lists maintained by OFAC and BIS while minimizing risk of discrimination claims and compliance with background check laws</li><li>Advised a global coffee and coffeehouse chain on establishing hiring processes to avoid discrimination claims while complying with ITAR/EAR</li><li>Developed business ethics policies and programs for a large pharmaceutical manufacturer</li></ul><h4>Other Representative Experience</h4><ul><li>Defended education association against claims by former employers of two executives alleging breach of restrictive covenants and theft of trade secrets and confidential information</li><li>Obtained preliminary injunction enforcing a noncompetition agreement and other restrictive covenants against a former senior sales executive of a technology firm</li><li>Led internal investigation of sexual harassment claims against COO of a public real estate firm</li><li>Advised a global food manufacturer in avoiding litigation while terminating employee threatening whistleblower claims based on employer’s confidential information</li><li>Defended former senior executives of a global manufacturer of performance fabrics against allegations of misappropriation of trade secrets and breach of noncompetition agreements</li><li>Advised an entrepreneur in creating startup while minimizing risk of his former employer pursuing enforcement of restrictive covenants </li><li>Assisted a property management firm in navigating internal investigation of whistleblower claims related to alleged fraud, ethics violations, and sexual harassment by senior executive</li><li>Won motion for reconsideration convincing court to grant summary judgment in gender discrimination and retaliation case against a large DC employer </li><li>Obtained terminating sanctions and attorneys’ fees and costs for discovery violations in a discrimination suit against a large utility provider </li><li>Obtained favorable arbitration decision for a software company in claims by former executive alleging breach of his employment agreement</li><li>Advised a company board in navigating termination of CEO and successfully defended CEO’s breach of contract and wage claims</li><li>Defended numerous EEOC charges, including against a national event planner, a multinational professional services company, and an operator of research and development centers for the government</li><li>Defended and settled over 30 unfair labor practice charges against a national call center operator</li><li>Negotiated new collective bargaining agreements with four separate unions in bankruptcy of an international maritime shipping company</li><li>Awarded pro bono achievement award for defending a non profit in litigation and several administrative audits before the EEOC and state agencies related to a former employee’s whistleblower and discrimination claims, including defending multiple onsite investigations</li><li>Oversaw validation of pre-employment tests for a national food service distributor</li></ul>Prior to joining MoFo, Andrew was a human resources manager for an Inc. 500 company, ranked as one of the fastest-growing private companies in the United States.Andrew is a member of the steering committee and actively involved in the Washington Metro Industry Liaison Group. He is also a member of the firm’s global Environmental, Social, and Governance (ESG) steering committee.<h4>Rankings</h4><ul><li>Recommended for Government Contracts – Legal 500 US 2019 </li></ul>

Andrew R. Turnbull

Partner

Eric has experience defending class action, labor and employment, and intellectual property matters, including developing procedural strategies for clients preparing for trial, as well as examining intricate damages frameworks for clients to limit their liability on contracts. Eric has also advised on the constitutionality of a newly enacted state privacy law.Before joining the firm, Eric worked as a legal extern for the global markets division of a London-based bank, strategizing Brexit planning for foreign exchange entities and mobilizing legal expansion of new algorithmic trading platforms. He also gained experience in white-collar defense and M&A matters while working as a summer associate at a global firm.Eric received his J.D. cum laude from Boston College Law School, where he was elected as both the president of the Lambda LGBT Law Students Association and the president of the BC Law Ambassadors. While in law school, Eric worked as a teaching assistant for Legal Research and Writing. Eric was also heavily involved in writing while in law school, working as the executive editor for the Uniform Commercial Code Digest, and as a staff writer for the Intellectual Property and Technology Forum.Before attending law school, Eric worked at the University of Southern California as an assistant director evaluating applications for admissions and managing the undergraduate recruitment process.Eric received his B.A. from the University of Southern California, where he studied cinematic arts.

Eric Gebert

Associate

David’s practice focuses on employment and labor law. He has particular experience advising companies on a wide range of employment transactional matters, including conducting employment diligence on mergers, acquisitions, and other corporate transactions, and drafting and negotiating executive employment agreements and separations, and related documents. He assists clients with strategic employment counseling for clients, advising on reductions in force, policy development and application, and wage-and-hour matters. David also has experience representing companies in a broad range of labor and employment counseling and litigation matters, including as a member of a team that secured a complete defense verdict in a Labor Code Private Attorneys General Act of 2004 trial.David received his J.D. from Harvard Law School, where he was an executive, submissions, and technical editor for the Harvard Negotiation Law Review. While in law school, David was a member of the Access to Justice Lab, where he drafted self-help materials for pro se plaintiffs in Rhode Island Housing Court. David also spent time as a law clerk at the California Office of the Attorney General – Antitrust Division, where he drafted sections of the California State Antitrust and Unfair Competition Law Treatise pertaining to privacy, and at the Department of Labor’s Regional Solicitor’s Office, where he dealt with a variety of labor and employment issues, including wage-and-hour, OSHA, and whistleblower actions.Before attending law school, David worked as a legal assistant at a nationally recognized tax and corporate law firm, where he edited tax opinions and executed detailed filings with the Internal Revenue Service and Franchise Tax Board. David served as a City Hall Fellow for the San Francisco Municipal Transportation Agency. David was also a high school biology teacher in Richmond, California. David received his B.A. in Evolutionary Biology of the Human Species from Columbia University, where he won the Carl B. Boyer Memorial Prize in the History of Science.

David Papas

Employment + Labor

Litigation

Navigating Pay Equity and Transparency Compliance During the Great Resignation

21 Jun 2022 1:00 PM - 2:30 PM PDT