Key Developments In Equal Pay Litigation

This is the third in a series of posts examining the new and developing trends in equal pay litigation identified in Seyfarth’s yearly publication, Developments in Equal Pay Litigation, 2024 Update. The two previous posts can be found here and here.

As we have written about before, one of the key issues currently being disputed in equal pay litigation involves a “one-comparator” rule. Applying that rule, some courts have held that a plaintiff may establish a prima facie case under the federal […]

By | Jul 19, 2024 ||

Department Of Labor’s Guidance On AI Compliance With FLSA And FMLA

The rise of artificial intelligence (AI) in personnel management has ushered in a new era of efficiency and productivity, but it also raises important questions about compliance with labor laws. The U.S. Department of Labor (DOL) recently issued guidance regarding the employment law impact of certain AI features used in performance management, wages and hours, timekeeping, leave management, and other human resources technology systems.

While acknowledging that “AI and other automated systems can provide ways to streamline […]

By | Jul 17, 2024 ||

Does Section 1557 Apply To Employer Group Health Plans?

As summarized below HHS’s Final Rule under Section 1557 would essentially prohibit covered health plans from directly or indirectly discriminating on the basis of gender identity (e.g., limiting or otherwise excluding coverage for gender-affirming care).

While most employer health plans will not be considered covered entities under the Final Rule (and, as such, will be exempt from many of the rule’s process requirements), employers will likely determine they cannot impose such exclusions or limitations regardless, […]

By | Jul 15, 2024 ||