…and how does it affect employers? The Lilly Ledbetter Act increased employee protections against pay discrimination and defines unlawful practices when;

• A discriminatory compensation decision or other practice is adopted
• An individual becomes subject to the decision or practice
• An individual is affected by application of the decision or practice, including each time there is a payment of compensation

A key feature of the Act is that with the issuing of each new paycheck or post-retirement check, the filing deadline of pay discrimination charges is extended for an employee to file an unlawful employment charge. Consequently, each check potentially serves as an unlawful employment practice, even if the alleged pay discrimination occurred years before.

Because of this moving target, employers should review their employment record retention policies, as well as conduct periodic audits of pay decisions. With that in mind, it is important for employers to review record retention policies and pay practices.

​More information can be found at: 
Equal Pay Act of 1963 and Lilly Ledbetter Fair Pay Act of 2009 | U.S. Equal Employment Opportunity Commission (eeoc.gov)

If recruiting in states other than Texas, employers need to be aware of the increasing number of states requiring inclusion of pay ranges in their job postings or at a certain point in the interview process. Currently, Colorado has a requirement, followed by New York on November 1st. Other states are considering pay range disclosure laws, so it is best to check when posting positions.

During COVID, the U.S. Department of Homeland Security (DHS) temporarily allowed employers to use expired documents, such as driver’s licenses and state ID cards, to meet the required List B identity documents for I-9 purposes. As issuing authorities are returning to more normal operations, this practice is ending on May 1st and employers will no longer be able to accept expired identity documents when verifying an employee's work eligibility on Form I-9. Employers must update the I-9s of current employees who presented expired List B documents between May 1, 2020 and April 30, 2022 by July 31st.

​In our March newsletter, we mentioned the Department of Labor’s (“DOL”) digital resource regarding the Fair Labor Standards Act digital resource guide.  Another resource recently announced by the DOL includes resources to help combat employee retaliation against employees that exercise their legal rights. Employers can also help prevent retaliation from occurring in the workplace by identifying and addressing behaviors that may result in retaliation against employees.  Training and demonstrating a commitment not to retaliate against employees who exercise their rights, as well as including a policy in the Employee Handbook are ways employers can educate managers and other employees. 

US Department of Labor offers new resources to help combat employer retaliation against workers who exercise their legal rights | U.S. Department of Labor (dol.gov)