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New York City Bans Employers' Inquiries into Salary History
In an article we penned in early April, we discussed the federal circuit split over the interpretation of the Equal Pay Act (EPA) and the growing number of state and local jurisdictions enacting legislation that restricts an employer from inquiring into or using an employee's salary history. See Jeffrey S. Klein and Nicholas J. Pappas, “New Restrictions on Using Earnings History to Set Compensation,” NYLJ (April 4, 2017). Shortly thereafter, on April 5, 2017, the New York City Council passed a bill to amend the New York City Human Rights Law (NYCHRL), which will impose similar restrictions on New York City employers. (New York City Bill Int. No. 1253-A will be codified at N.Y.C. Admin. Code § 8-107(25) et seq.)
On May 4, 2017, Mayor Bill de Blasio signed the bill, which will become effective on Oct. 31, 2017. Accordingly, Halloween could become a very scary day for New York City employers. In the article herein, we review additional recent developments in the law governing employer inquiries into and reliance on the compensation history of prospective employees — and analyze the New York City ordinance within this greater context.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.