Volpe v. Nassau County, No. 12-CV-2416 (JFB-AKT) (E.D.N.Y. Jan. 3, 2013): Male police and fire department employees brought suit against Nassau County alleging that they received lower wages than those paid to women performing substantially similar work. Two years prior to the male plaintiffs’ lawsuit, in December 2011, female workers reached a court-approved, $8 million settlement of similar Equal Pay Act (EPA) claims against Nassau County. On a Rule 12(b)(6) motion to dismiss, Nassau County argued, inter alia, that the male workers’ lawsuit was precluded by the prior settlement. The court rejected this argument and held that a court-approved settlement does not automatically qualify as a “factor other than sex” when determining a plausible EPA claim. The fact that an alleged unequal pay structure was part of a voluntary, court-approved settlement does not create “a pocket of immunity” for employers under the EPA. This case shows that, when settling unequal pay claims, employers should ensure that payments made to the settling group do not create unequal pay issues with another group of employees, because the prior settlement will not provide an absolute defense.
Recommended Reading
The Push for Pay Transparency and Equity
On September 10, 2015, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published its final rule on pay transparency, setting a trend for states to enact legislation aimed at strengthening fair pay, pay transparency, and other legal protections in the workplace. We summarized the final rule in our October 7, 2015 article, “OFCCP Publishes Final Rule to Promote Pay Transparency.”
E.D.N.Y. Rules That Private Postings on Social Media Relating to Plaintiff’s Mental State Are Fair Game for Discovery
Reid v. Ingerman Smith LLP, No. 12-CV-0307(ILG-MDG) (E.D.N.Y. Dec. 27, 2012): In a sexual harassment lawsuit where the plaintiff sought emotional damages, the defendant filed a motion to compel discovery concerning the plaintiff’s social media accounts. The defendant argued that public postings on the plaintiff’s Facebook account contradicted her claim of mental anguish, and therefore
401(k) Plans Using Pre-approved Plan Documents Must Be Restated by July 31, 2022
In Announcement 2020-7, the Internal Revenue Service (IRS) announced employers’ deadline by which to adopt new plan documents related to Notice 2017-37. The new announcement informs employers that maintain defined contribution plans (e.g., 401(k) plans, profit-sharing plans, and money purchase plans) through the adoption of IRS pre-approved plan documents that they have until July 31, 2022, to adopt the new pre-approved plan documents restated as a result of the changes to the Notice 2017-37 requirements regarding retirement plan qualification, generally known as the 2017 Cumulative List.