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LABOR & EMPLOYMENT

Further, employers should evaluate whether men 181.940, 181.941, 181.943; and (2) some offer more while these initiatives are female-focused, those
and women are receiving equal pay for equal work. than 12 weeks of unpaid leave — Connecticut is an running the initiatives should consider inviting male
The Equal Pay Act provides that employers may example — it’s law applies to employers with 75 or peers to join in the discussion and participate in
not pay unequal wages to men and women who more employees and provides for up to 16 weeks events from time to time so that the male colleagues
perform jobs that require substantially equal skill, of unpaid leave. Conn. Gen. Stat. § 31-51ll. Other understand what is important to their female peers.
effort and responsibility, and that are performed states have enacted laws providing for paid leave, There are also many non-employer sponsored
under similar working conditions within the same e.g., California, Massachusetts, Michigan, New organizations and groups focused on developing,
establishment. 29 U.S.C. § 206(d)(1). However, pay Jersey, New York, Rhode Island, and Washington. empowering, and advancing women. For example,
differentials are permitted when they are based on Cal. Unemp. Ins. Code § 3300, et seq.; H. 4640 the CMBA Women in Law section, the FDCC
seniority, merit, quantity or quality of production, § 29(2)(c), 190th Gen. Court, Reg. Sess. (Mass. Ladder Down program, the YWCA, and the Junior
or a factor other than sex. Id. Many employers are 2018) (effective July 1, 2019); 2018 PA 338 (effective League of Cleveland just to name a few.
taking a proactive approach by conducting pay March 29, 2019); N.J. Stat. Ann. § 43:21-27, et seq.; In conclusion, in order to truly bridge the gender
equity audits. While pay equity audits require sig- N.Y. Workers’ Compensation Law § 76, et seq.; R.I. divide, employers should consider their commit-
nificant planning, data retrieval, and data analysis, Gen. Laws § 28-41-35; RCW 50A.04.005, et seq. ment to developing, empowering, and advancing
they can be very helpful in determining whether Additionally, even if an employer does not have women, ensure management is aware of and sup-
there is equal pay for equal work and identifying operations in these particular states, it may choose ports the commitment, put into place programs
any discrepancies that should be addressed. to implement a policy providing for paid leave, and that provide women the necessary resources
many employers have, in fact, done so. and training to advance, monitor progress, and
Family Friendly Policies Furthermore, the federal Family and Medical make adjustments if progress is not being made
Many employers, including law firms, have Insurance Leave (“Family”) Act, which would cover in accordance with established commitments.
implemented flexible working arrangements in birth or adoption and serious health conditions
an effort to attract and retain top talent. Examples of including those affecting a child, parent, spouse 1 Abigail Geiger and Kim Parker, For Women’s History Month,
flexible working arrangements include the ability to or domestic partner, was recently reintroduced in a look at gender gains — and gaps — in the U.S., Pew Research
Center (March 15, 2018), http://www.pewresearch.org/fact-
work remotely, flexible start and/or end times, part- Congress, and would provide up to 12 weeks of paid tank/2018/03/15/for-womens-history-month-a-look-at-gender-
time or reduced hours schedules, etc. According to a leave at 66% of the employee’s monthly wages. Fam- gains-and-gaps-in-the-u-s/.
2017 Diversity & Flexibility Alliance Benchmarking ily and Medical Insurance Leave Act, H.R. 1185/S. 2 Alexis Krivkovich, Marie-Claude Nadeau, Kelsey Robinson, Nicole
Robinson, Irina Starikova, and Lareina Yee, Women in the Work-
Survey Report, 94.4% of the participating law firms 463, 115th Cong. (2017-2018). We will have to keep place 2018, McKinsey & Company (October 2018), https://www.
had a formal flexibility policy, all of which provided an eye on this to see whether it is enacted, which mckinsey.com/featured-insights/gender-equality/women-in-the-
workplace-2018?reload.
a reduced hours program and 64.7% of which will require many employers to revamp their leave 3 Complimentary Executive Summary available at http://dfalliance.
offered telecommuting. Despite this, only 7.7% policies to ensure compliance. com/research/2017-flexibility-benchmarking-survey-executive-
of lawyers at participating firms utilized a reduced Finally, another initiative that is gaining momen- summary/.
4 See id.
hours program and 4.9% utilized telecommuting, tum among employers is on-ramping for individuals
implying that while the policies may exist, many are returning from leaves of absence. For example,
not being used, perhaps due to perceived threats providing a flexible working arrangement for a Natalie M. Stevens is a Shareholder in
to career advancement. Thus, it is important for period of time after an employee returns from a Ogletree Deakins’ Cleveland office
employers that have implemented these policies leave to help ease the transition back to work. The focused on counseling employers and
to ensure that employees who utilize them are not key to such initiatives is developing written policies management on compliance with
stigmatized or otherwise penalized for doing so. that clearly explain the parameters and expectations, workplace laws and regulations and
Additionally, family friendly leave policies are a ensuring that the policies are clearly communicated representing employers and management with respect
hot topic as of late. In fact, President Trump advo- to all employees and employees know how to re- to employment-related claims in settlement negotia-
cated for a paid family leave law in his February State quest to use them, and ensuring that employees tions, administrative proceedings, mediation, arbitra-
of the Union address, noting that paid family leave who utilize them are not stigmatized or otherwise tion, and litigation. She has been a CMBA member
would ensure that “every new parent has the chance penalized for doing so. since 2005. She can be reached at (216) 274-6904 or
to bond with their newborn child.” Currently, the natalie.stevens@ogletreedeakins.com.
Federal Family & Medical Leave Act only applies Women’s Initiatives
to employers with 50 or more employees within Employers can also consider implementing women’s
a 75 mile radius of an employee’s worksite, and if initiatives. Women’s initiatives often include pro- Andrew S. Haring is a Senior Associate
the employee has worked at least 1,250 hours in grams intended to help women develop profes- in Ogletree Deakins’ Cleveland office
the 12 months preceding the start of the leave, in sionally and attain leadership positions through focused on counseling employers and
which case it provides for up to 12 weeks of unpaid specifically defined programs, including mentoring, management on employment-related
leave. 29 U.S.C. § 2612(a)(1). Some states have en- training, development, and networking. There are matters and representing employers
acted similar laws providing for unpaid leave: (1) in many different options. For example, employers can and management in all types of employment
situations when the employee might not otherwise formally launch and implement programs such as litigation in federal and state courts, labor and
qualify for leave under the FMLA, e.g., the state lunch-and-learn sessions, TED-style talks, guest employment arbitrations, and administrative
leave law might apply to employers with less than speakers, and/or women’s groups focused on female proceedings. He has been a CMBA member since
50 employees — Minnesota is an example — it’s law advancement (e.g., business resource groups, break- 2016. He can be reached at (216) 274-6922 or
applies to employers with 21 employees, MN Stat. § fast or lunch bunches, book clubs, etc.). Additionally, andrew.haring@ogletreedeakins.com.
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