“Robust, contemporaneous documentation is often the most critical factor in determining the applicability of any affirmative defense. The catchall “factor other than sex” defense makes it legal to pay employees different amounts for any number of legitimate business reasons,” said Matthew J. Gagnon, Partner, Labor & Employment, Seyfarth Shaw.

Matthew’s practice focuses on helping employers navigate the evolving landscape of federal and state wage and hour and anti-discrimination laws and defending employers against all manner of employment […]

Earlier this month, the National Labor Relations Board (NLRB or the Board) handed down a decision illustrative of its view that workers’ rights under the National Labor Relations Act (NLRA or the Act) hold a position of primacy among competing legal rights and obligations. The Board’s decision in Lion Elastomers LLC II addressed the all too frequent situation where an employee engages in abusive conduct (e.g., racial, homophobic, or gender-based epithets, or profane verbal attacks) […]