Yesterday, the EEOC announced that it had finalized a regulation that will increase disclosure requirements regarding employee compensation for thousands of businesses. The new rule, which we’ve blogged about previously, requires all businesses with 100 or more workers to submit pay data by gender, race and ethnicity on their EEO-1 forms. Specifically, employers will now need to provide:
Daniel J. Corbett
Daniel Corbett is a member of the employment law group at Orrick’s Global Operations Center in Wheeling, West Virginia. Dan provides high-value employment litigation and counseling services to global leaders in a variety of sectors, including retail, tech, and financial services.
Dan has deep experience in a number of areas, including wage-and-hour class actions, trade secrets and unfair competition, discrimination and harassment claims, and whistleblower matters. He brings three years of intellectual property (IP) experience to Orrick, having practiced in the areas of copyright and trademark law prior to joining Orrick in the employment group. Dan co-founded Orrick's Trade Secrets Watch blog, and he continues to serve on the editorial board. The blog quickly established itself as a leading voice in the trade secrets area and has enjoyed a positive profile on Page 1 of The Recorder and discussion in media such as Corporate Counsel, Bloomberg, and Law360.
For the third straight year, Orrick’s Employment Law and Litigation group was recently named Labor & Employment Department of the Year in California by The Recorder, the premier source for legal news, in recognition of their significant wins on behalf of leading multinational companies on today’s most complex and challenging employment law matters.
Prior to joining Orrick, Dan worked at Elliott & Davis in Pittsburgh, where his practice focused on trademark and copyright law. He has worked as a grant writing consultant for nonprofit organizations and as an intern with a public policy think-tank in Washington, D.C. Dan studied journalism in college, where he worked for a local newspaper and a public radio station.
Dan is an avid runner and completed five marathons in five consecutive years before (temporarily) hanging up his running shoes after he and his wife welcomed their second child. He currently gets most of his exercise chasing after toddlers.
- Interviewed hundreds of putative class members in multiple California wage and hour class actions involving major retailers
- Drafted successful motion to dismiss brief on whistleblower claim for technology company
- Compiled multi-jurisdictional surveys on varied issues, including paid sick leave, payroll debit cards, and so-called "ban the box" laws
- Helped retail client compel arbitration in first case to test new agreement with class, collective, and representative action waivers
- Secured major labor arbitration victory for museum client in complex CBA dispute with union
Posts by: Daniel Corbett
In an emerging trend, law firms have found themselves the targets of recent lawsuits alleging gender discrimination against female partners. Most recently, Kerrie Campbell, a litigation partner at Chadbourne & Parke’s Washington, D.C. office filed a $100 million proposed class action lawsuit on behalf of all female partners at the firm. She alleges that Chadbourne’s male-dominated culture leads to unequal compensation for women. The lawsuit, filed on August 31, 2016, in federal district court in New York, seeks relief under Title VII, the Federal Equal Pay Act, and the District of Columbia Human Rights Act.
“Sometimes surrender is the best option.” That is how Judge Raymond J. Dearie of the Eastern District of New York begins his opinion in Anjum v. J.C. Penney Co., Inc., before denying J.C. Penney’s motion to dismiss a putative Fair Labor Standards Act (FLSA) collective action based on the company’s offer to pay the claims of four named plaintiffs with offers of judgment under Federal Rule of Civil Procedure 68—a strategy often referred to as “picking off.” Even though the court rejected J.C. Penney’s picking off attempt in this case, the judge’s opinion in Anjum recognizes the validity of this tactic and provides some practical lessons for defense counsel looking to successfully pick off an FLSA collective in the Second Circuit.