Lilly Ledbetter Fair Pay Act

Proactive Steps to Reduce Liability Exposure for Compensation Practices

President Obama signs far-reaching bill on January 29

Recording of a 90-minute CLE webinar with Q&A

Conducted on Tuesday, February 24, 2009

Program Materials

This seminar will review the impact of the Lilly Ledbetter Fair Pay Act for employers. The panel will recommend steps for employers and their counsel to consider immediately to avoid or minimize liability for past and future pay decisions.

Description

President Obama signed the Lilly Ledbetter Fair Pay Act on Jan. 29, 2009. The Act, which applies retroactively to May 28, 2007, extends the statute of limitations for pay discrimination claims, expands the definition of unlawful pay practices, and broadens the scope of persons who may file claims.

Employers fear the new Act will create a flood of lawsuits from employees, both present and past, alleging years of discrimination in compensation practices. Avoiding and defending the lawsuits will cost companies thousands of dollars in back wages, litigation expenses and compliance costs.

Listen as our panel of employment law attorneys reviews how the new law will impact employers and offers best practices for employers and their counsel to avoid or minimize liability for past and future pay decisions.

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Outline

  1. Overview and implications of Lilly Ledbetter Fair Pay Act
    1. Amends federal civil rights laws
    2. Extends statute of limitations
    3. “Paycheck Accrual Rule”
    4. What constitutes unlawful employment practice for purposes of compensation discrimination
    5. Impact on pension benefits
    6. Who can file a claim
    7. Relief available
    8. Effective date
  2. Best practices to avoid or minimize liability
    1. Audit compensation systems and practices for disparities in pay
    2. Ensure that all future compensation analyses with counsel are privileged
    3. Eliminate systems that have discriminatory effect
    4. Document bases for past decisions and develop objective criteria for future decisions
    5. Revise record retention policies and practices
    6. Train supervisors and managers
  3. Impact of legislation, ancillary legislation and enforcement activity

Benefits

The panel will review these and other key questions:

  • What impact will the Lilly Ledbetter Fair Pay Act have on the litigation of wage discrimination claims?
  • What challenges does the new law present for employers?
  • What actions should employers and their counsel take immediately to reduce exposure to litigation and damages?

Faculty

Teresa R. Tracy
Teresa R. Tracy
Principal
Berger Kahn

She chairs the firm's Labor and Employment Group, representing management in all areas of labor and employment law and...  |  Read More

Arlene Switzer Steinfield
Arlene Switzer Steinfield
Partner
K&L Gates

Representing management, she litigates employment discrimination cases, counsels employers on preventative compliance...  |  Read More

David A. Grant
David A. Grant
Partner
Baker Hostetler

He represents management in the firm's Labor and Employment Law Practice. He has done extensive work under the Fair...  |  Read More

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