What Does an OFCCP Scheduling Letter Look Like?

Pay equity legislation is burgeoning: in 2017, several jurisdictions—including Albany, New York City, California, San Francisco, Massachusetts, Delaware, Philadelphia and Oregon —approved bans on salary history inquiries. The ostensible purpose of these laws is to prevent the continuation of pay disparities that may have affected female applicants in their work experiences prior to seeking employment with a new company.

The plaintiff, a law school graduate, brought suit against her former employer, VisuaLex, LLC, seeking to recover unpaid overtime and liquidated damages under the Fair Labor Standards Act and New York Labor Law. Kadden earned her Juris Doctor in 2001 and worked for VisuaLex from 2008 through 2011 as a Litigation Graphics Consultant, earning $75,000 per year.

On December 16, 2015, the Ninth Circuit Court of Appeals decided that it would not rehear its earlier decision in a high-profile case on payments that can be made to student-athletes. Nearly three months earlier, a panel of the Ninth Circuit had upheld a lower court’s ruling that the amateurism rules of the National Collegiate Athletic Association (NCAA) violated federal antitrust laws under a rule-of-reason analysis. At that time, the Ninth Circuit also overturned the part of the district court’s order that had directed the NCAA to allow its member institutions to pay male Division I football and basketball players up to $5,000 per year in deferred compensation “for the licensing or use of . . . [their] names, images, and likenesses” (NIL). O’Bannon v. National Collegiate Athletic Association, Ninth Circuit Court of Appeals, Nos. 14-16601 and 14-17068 (September 30, 2015).