To recruit and retain top talent, employers often offer benefits more generous than required under the law. Such benefits include unlimited vacation, paid maternity leave and paid paternity leave. However, a recent US Equal Employment Opportunity Commission (EEOC) lawsuit filed against Estee Lauder Companies, Inc. (Estee Lauder) reveals how even the most well-intentioned of programs can result in a discrimination lawsuit.
Kerry M. Mohan represents employers in various litigation matters involving workplace harassment, discrimination, retaliation and contractual disputes. Kerry's practice is national in scope and his clients include employers in the health care, construction, hospitality, manufacturing, transportation, mining and agribusiness industries. He advises clients on a variety of other employment matters including occupational safety and health, whistleblowing, employee discipline, terminations, performance counseling, independent contractor and overtime exempt status, leaves of absences and accommodations, executive retention and separation, employee severance and collective bargaining. Read Kerry Mohan's full bio.
Pay equity, the concept that gender differences should not affect compensation, is a concept easy to support, yet has been stubbornly hard to achieve. Federal law has become calcified in addressing the stubborn pay gap between men and women. State and local initiatives, along with private actors, have increasingly taken steps in the past year to address pay equity.
A unanimous panel of the NLRB, including Chairman Philip A. Miscimarra, held that ACA mandates do not relieve an employer of its duty to bargain with a union representing its employees regarding certain health insurance benefit plan changes.