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  • Posting a job without a pay scale in California?  Think again. 

    California is the latest state poised to enact a pay transparency law that impacts not only information provided in job postings but also information provided to candidates upon request.  The existing pay transparency law prohibited employers from relying on salary history when making employment decisions (including compensation decisions) and required employers to provide applicants who completed an interview the pay scale (which is defined as “the salary or hourly wage range that the employer reasonably expects to pay for the position”) upon request. Under the new law, employers must provide all applicants that pay scale upon a reasonable request, regardless of whether they have been interviewed or not.

  • While courts often interpret Michigan's Elliott-Larsen Civil Rights Act to track Title VII of the federal Civil Rights Act, the ELCRA protects more than just employment.

    The ELCRA protects against discrimination in employment, housing, real estate, public service, and places of public accommodation, including restaurants, hotels, event venues, and all other businesses and facilities open to the public.

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  • The DOJ recently published guidance regarding website accessibility under the Americans with Disabilities Act (ADA). This guidance reiterated the DOJ’s longstanding position that websites of businesses open to the public (defined as “places of public accommodations” under Title III of the ADA) are required to be accessible to people with disabilities and provided some non-binding indicators of what it means for a website to be accessible. 

  • On September 15, 2022, President Biden issued the first Presidential Directive to refine the scope of the Committee for Foreign Investment in the United States (“CFIUS”) following the 2018 Foreign Investment Risk Review Modernization Act of 2018.  CFIUS is empowered to review business transactions that result in a foreign person having ownership or control rights over U.S. companies.  While CFIUS review is a largely voluntary process, it is mandatory when foreign owners or investors may be tied to foreign governments or when a target business is involved with certain critical U.S. technologies.  CFIUS may, as a result of its review, take remedial steps to address national security concerns imposed by the transaction, such as imposing mitigation agreements or third-party monitors.  CFIUS may also refer the transaction for Presidential review. Ultimately, CFIUS can unwind a business transaction – even years after the closing. 

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