Joseph G. Schmitt News Archive

Posted December 9, 2025 with Tags The Equal Pay Advisor

California Modifies Pay Transparency and Fair Pay Requirements

Employers who recruit and employ workers in California should review their job posting and equal pay processes to ensure they comply with new pay transparency requirements, as well as an expanded definition of wages for purposes of equal pay claims. …

Posted July 17, 2025 with Tags Firm News

Nilan Johnson Lewis Attorneys Recognized by Super Lawyers

We are pleased to announce that 22 attorneys at Nilan Johnson Lewis have been selected for inclusion in the upcoming Super Lawyers list. This recognition reflects their standing among their peers and their dedication to legal excellence. Super Lawyers is …

Posted June 11, 2025 with Tags The Equal Pay Advisor

Washington State Doubles Down On Pay Equity

Washington State has been at the forefront of pay equity legislation, and recent amendments to its Equal Pay and Opportunities Act (EPOA), which take effect on July 27, 2025, introduce significant changes for employers. These updates modify pay transparency requirements …

Posted June 11, 2025 with Tags The Equal Pay Advisor

EEOC Abandons Disparate Impact Claims

Employers facing potential pay discrimination claims have historically faced two basic types of claims: disparate treatment claims and disparate impact claims. Because disparate impact claims are easier to raise on a class basis, employers have been particularly concerned about potential …

Newsroom image for the post Nilan Johnson Lewis Celebrates Continued Chambers USA Recognition for Labor & Employment and Corporate Immigration Practices

Posted June 10, 2025 with Tags Firm News

Nilan Johnson Lewis Celebrates Continued Chambers USA Recognition for Labor & Employment and Corporate Immigration Practices

Nilan Johnson Lewis (NJL) is pleased to announce that its distinguished Labor & Employment and Corporate Immigration practices have once again received high commendation from Chambers & Partners, the esteemed publisher of Chambers USA: America’s Leading Lawyers for Business. Chambers …

Posted March 12, 2025 with Tags The Equal Pay Advisor

Trump Administration Attacks Pay Equity Practices

Employers have seen a whirlwind of activity from the Trump administration during its first month in office. The Administration has issued Executive Orders and other guidance impacting a myriad of employment issues. Employers are now assessing to adjust their practices …

Posted January 22, 2025 with Tags Labor and Employment

Department of Labor: Managers Must Keep Their Fingers Out of the Tip Jar – Even When They Helped Earn the Tips

The DOL Wage & Hour Division issued its first Opinion Letter of 2025 (FLSA2025-1) on January 14, 2025, stating that managers and supervisors, no matter their duties during a particular shift, cannot participate in employee tip pools under the federal …

Posted November 20, 2024 with Tags The Equal Pay Advisor

Reverse Discrimination and Pay Equity

Employers have seen a significant increase in reverse race and gender discrimination claims over the last four years. White and male employees are arguing that employer efforts to address historic race and gender inequities constitute “reverse discrimination.” The latest trend …

Posted October 16, 2024

Nilan Johnson Lewis Recognized by Chambers USA

Nilan Johnson Lewis (NJL) is proud to announce that its Labor & Employment and Corporate Immigration teams have each been ranked among the best practices in the country by Chambers & Partners, publisher of Chambers USA: America’s Leading Lawyers for …

Posted September 4, 2024 with Tags The Equal Pay Advisor

Modifying Pay Equity Audits to Address New Legal Requirements

Employers have been conducting pay equity audits for decades to identify disparities in compensation that may create unfairness, legal risk, or other compliance issues. Recently, however, we have seen a spate of new pay equity requirements at the federal, state, …

Posted June 3, 2024 with Tags The Equal Pay Advisor

Maryland Increases Pay Transparency Requirements

Maryland recently decided to increase the pay disclosure requirements applicable to employers posting positions for work performed in Maryland. Maryland employers must now disclose the wage range, salary, benefits, and any other compensation for internally and externally posted positions beginning …

Posted February 15, 2024 with Tags The Equal Pay Advisor

Hawaii Expands Pay Discrimination Protections and Requires Pay Transparency

Hawaii recently joined the growing list of states expanding pay discrimination protections and requiring pay transparency from employers. Hawaii passed legislation that (1) expands the protections against pay discrimination beyond gender to include additional protected classes and (2) requires employers …

Posted July 19, 2023

19 NJL Attorneys on 2023 Super Lawyers and Rising Stars Lists

Super kudos to our 10 Super Lawyers and 9 Rising Stars for 2023: 2023 MN Super Lawyers (given to no more than 5% of state attorneys) Heidi Neff Amanda Cialkowski Kathleen Curtis Doug Elsass Brian Johnson Judy Langevin Don Lewis …

Posted July 18, 2023 with Tags The Equal Pay Advisor

Pay Equity, Diversity Efforts, and Litigation Risks

Many corporate employers throughout the United States have recognized the importance of diversity, equity and inclusion (“DEI”) as a matter of social justice, employee engagement and brand protection. These companies have adopted robust DEI plans, including pay equity efforts, and …

Posted April 13, 2023 with Tags The Equal Pay Advisor

Equal Pay Requirements and Antitrust

Employers concerned with state and federal equal pay requirements are now facing a new potential concern: antitrust issues. The Biden administration’s Department of Justice has announced an intent to prosecute employers who share compensation data that implicates antitrust concerns. Employers …

Posted December 18, 2022 with Tags The Equal Pay Advisor

It’s the Best Time of the Year…For a Pay Equity Audit

As 2022 draws to a close, employers are preparing for holiday parties, analyzing their staffing, and assessing compensation for the coming year in light of significant inflationary pressures and historically low unemployment rates. One item employers should consider is pay …

Posted September 20, 2022 with Tags Corporate Immigration, Immigration Law, The Equal Pay Advisor

Pay Transparency and PERMs: An Immigration/Pay Transparency Conundrum

States, municipalities, and other local regulatory entities continue to impose additional pay transparency requirements upon employers hiring in various jurisdictions throughout the United States. In some locations, employers are required to provide a position’s pay ranges to job applicants upon …

Posted July 11, 2022

Fifteen NJLers on 2022 Rising Stars, Super Lawyers Lists

Eight lawyers from Nilan Johnson Lewis (NJL) have been listed on the 2022 Minnesota Super Lawyers list. No more than 5% of lawyers in Minnesota are selected by Super Lawyers. Amanda Cialkowski Brian Johnson Don Lewis Doug Elsass Joe Schmitt …

Posted June 6, 2022

OFCCP Mandates Contractors Conduct, Share Pay Equity Analyses

Federal contractors will soon be facing new pay equity disclosure requirements under a directive issued by the Office of Federal Contracts Compliance Programs (OFCCP). The OFCCP announced that it will require contractors to conduct pay equity analyses of their workforce and share those results with the OFCCP, even if the attorney-client privilege would otherwise protect the analyses. The OFCCP’s initiative signals an aggressive new focus on pay equity and a willingness to press the bounds of the government’s regulatory authority.

Posted January 13, 2022 with Tags COVID-19, COVID-19 for Employers

Supreme Court Ruling Strikes Down OSHA ETS

UPDATE: In an order issued Jan. 13, 2022, the United States Supreme Court stayed enforcement of federal OSHA’s COVID-19 Vaccination and Testing ETS pending the disposition of the petitions for review in the Court of Appeals for the Sixth Circuit. …