September 21, 2021

Volume XI, Number 264

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September 21, 2021

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September 20, 2021

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How Much Do You Make? – New OFCCP Regulations Protect Employee And Job Applicant Discussions on Compensation

Happy New Year from your friends at the Office of Federal Contract Compliance Programs (OFCCP).  This week brings the enforcement of requirements stated under Executive Order 13665, which prohibits federal contractors from discriminating or otherwise conducting adverse personnel actions against employees or job applicants for compensation inquiries, discussions or disclosures.  The protections of the new regulations extend to discussions held by an employee regarding their own or another employee’s compensation.  Therefore, covered employers with policies that prohibit or limit employees or applicants from communications about their compensation will need to amend such policies immediately.

The scope of compensation protected under the regulations is far and wide.  It includes salary, bonuses, commissions, vacation and holiday pay, insurance and other benefits, stock options and awards and retirement terms.  There are limited defenses provided to covered employers with respect to employees who obtained compensation information by virtue of it relating to their essential job duties or if the adverse action taken by the employer relates to a wholly separate and uniformly applied workplace rule.  However, these defenses should be discussed with counsel to determine if appropriate on a facts and circumstances basis.

©1994-2021 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. All Rights Reserved.National Law Review, Volume VI, Number 14
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About this Author

Tyrone Thomas, Mintz Levin Law Firm, Washington DC, Labor and Employment Law Attorney
Member

Tyrone has gained national recognition for his work in employment and sports law. He advises academic institutions on executive compensation arrangements. Tyrone also provides compliance assessments on governance issues and advises clients on conflicts of interest. In addition, he focuses on legal issues pertaining to intercollegiate athletics and professional sports. Tyrone is highly regarded for his insight on sports matters and has served as a legal analyst for various publications. He also chairs the firm’s Diversity Committee.

Tyrone...

202-434-7374
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