U.S. EEOC Revises Compliance Manual on Compensation Discrimination

By now I suspect you have read or heard that on January 29th of this year President Obama signed into law the Lilly Ledbetter Fair Pay Act. The new law effectively removed the existing statute of limitations (180 or 300 days) for filing wage discrimination charges under a number of federal anti-discrimination laws. So today, an employee could file a charge against your company for a compensation-related decision it made 20 or more years ago.  How or why?  The rationale is one of a continuing-paycheck rule.  The idea is that each and every paycheck you have issued to the employee since the date of the alleged discriminatory decision has constituted yet another act of discrimination. As a result, the proverbial clock for filing a charge restarts, if you will, with each paycheck. 

In response to the new law, the U.S. EEOC recently published a revised Compliance Manual used by its field investigators.  Section 4 of the Manual addresses compensation discrimination.  Here are some highlights employers should consider:

• the 180 or 300-day period for filing a charge begins, "...each time wages, benefits, or other compensation is paid, resulting in whole or part from [a] discriminatory decision or practice;"
• covered compensation includes, "...all forms of compensation, including the payment of pension benefits;"
• unlike filing a charge related to the payment of wages, if a person wishes to file a claim related to pension benefits, the clock begins to run "...upon entering retirement and not upon issuance of each annuity check."

TIPS?  

• Employers are generally required to retain wage and payroll records for three years from the date of creation. In light of Ledbetter, you may want to seek guidance from your corporate attorney regarding the length of time you should now retain these records.
• The Ledbetter case and this new law are reminders that it is a proactive practice to monitor your wage rates for individuals performing the same work and ensure there is no statistically significant difference in pay based on gender, race or any other legally protected status. 

Hot Hits!! Education Corner

October's Public Seminars & Presentations

presented by Christine V. Walters, MAS, JD, SPHR

Wednesday, October 21st, "From Hello to Goodbye: Managing Positive Employee Relations," sponsored and presented by FiveL Company, Owings Mills, MD. This full-day conference is pre-approved by HRCI for 6.5 general credits.  ONLY 17 SEATS LEFT!

Tuesday, October 20th, "Strategic Staffing in Today's Economy" presented during the Fall Conference of the Lehigh Valley SHRM Chapter, Allentown, PA

Monday, October 19th, "Managing Change in Changing Times" presented for the Maryland Association of Health Care Recruiters (MAHCR) 2009 Regional Conference, White Marsh, MD.

   September & October's Client Training Programs

"HR and the Law for Managers" (4)

"Recruitment, Selection & Hiring"    

"Coaching, Counseling & Correcting"

NEXT WEBCAST!

"FCRA Compliance: Employers' Use of Criminal, Credit and Other Reports"       

October 28th, 10:00 - 11:00 a.m. EST

Click here to register or for more information.

NOTE: THIS PROGRAM IS PENDING APPROVAL BY HRCI FOR 1.0 GENERAL CREDIT HOUR.

Use of this seal is not an endorsement by HRCI of the quality of the program. It means that this program has met HRCI's criteria to be pre-approved for recertification credit.

Did You Miss the September Webcast on Social Networking?  REMEMBER! EFFECTIVE AUGUST 2009!!!  FiveL Company's webcasts archived in and after 08/09 are now eligible for continuing education credits through HRCI !

 CDC Issues Guidance for Employers Managing H1N1

The June 2009 edition of this newsletter provided links to Guidance published by the U.S. EEOC for employers managing H1N1. On August 19th the Centers for Disease Control (CDC) issued guidance for "...Businesses and Employers to Plan and Respond to the 2009-2010 Influenza Season." 

Then, on September 16th, the agency subsequently published a "Preparedness Guides for Small Business."  

You can also find regular H1N1 updates at www.flu.gov

   HR Peeps?!