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    TSpiggle

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    [–] In light of US Women's soccer players suing federation for gender discrimination, Employment Attorney Tom Spiggle here to answer questions on what to do if you feel like you're being discriminated against at work because of your gender. Ask Me Anything TSpiggle 1 points ago in AMA

    How to conduct salary negotiations is a bit our of my area of expertise. As a legal matter, employers in most jurisdictions cannot avoid liability under the EPA citing the fact that the higher paid sex (usually male) negotiates better. As to how to effectively negotiate, there are a number of really good resources on this. Tanya Tarr, for instance, writes about this https://www.forbes.com/sites/tanyatarr/#415563472ce8

    [–] In light of US Women's soccer players suing federation for gender discrimination, Employment Attorney Tom Spiggle here to answer questions on what to do if you feel like you're being discriminated against at work because of your gender. Ask Me Anything TSpiggle 3 points ago in AMA

    For a class case, they have to the same claims and have generally suffered the same damages. For collective action cases under the EPA, plaintiffs can bring claims even if the pay differentials are different. Gets a bit technical, but under Fair Labor Standards Act cases, which include EPA claims, the are called collective actions. Under other federal statues, like Title VII, the are called class actions. There are some technical differences between the two, but they, in many respects, function the same way

    [–] In light of US Women's soccer players suing federation for gender discrimination, Employment Attorney Tom Spiggle here to answer questions on what to do if you feel like you're being discriminated against at work because of your gender. Ask Me Anything TSpiggle 3 points ago in AMA

    I image the women will contest some of those self-serving facts. But to the extent that they are accurate, it is not clear that revenue produce would be enough to escape liability in this case. Still, I wouldn't dismiss this argument out of hand. The EPA includes a defense that pay disparity can be legal if attributed to any factor other than sex. This will be a point of contention in this case.

    [–] In light of US Women's soccer players suing federation for gender discrimination, Employment Attorney Tom Spiggle here to answer questions on what to do if you feel like you're being discriminated against at work because of your gender. Ask Me Anything TSpiggle 2 points ago in AMA

    Absolutely true. In my opinion, if you're going to bring a claim, you should assert race claims if the evidence supports it. Though there are no race claims here, the women did bring claims under both the Equal Pay Act and Title VII of the Civil Rights Act of 1964, which is the same statute under which one would bring a race claim.

    [–] In light of US Women's soccer players suing federation for gender discrimination, Employment Attorney Tom Spiggle here to answer questions on what to do if you feel like you're being discriminated against at work because of your gender. Ask Me Anything TSpiggle 1 points ago in AMA

    I think the best that you can do is, as a matter of tone, approach it as a constructive conversation. Make it clear that you're not planning to file a claim; you just want to make the workplace better. It also helps to have specifics to the extent that you can. "Here are some specific examples of the inequality." Many companies today are more open to these conversations. If your company chooses to take it as adversarial, there is not much that you can do about that. It is a practical reality that it will end your career at some employers if you go this route.

    [–] In light of US Women's soccer players suing federation for gender discrimination, Employment Attorney Tom Spiggle here to answer questions on what to do if you feel like you're being discriminated against at work because of your gender. Ask Me Anything TSpiggle 2 points ago in AMA

    Great questions. There is no silver bullet. As to whether FIFA is a proper party, maybe. Though that would be a much more complicated legal battle and perhaps one the American women have for strategic reasons, decided not to fight now. All the variables you raise will, and have been, used as a defense by the federation. Remains to be seen whether a court will find persuasive as a legal matter "gee, we can't make things equal because it would be hard, women have always made less and men produce more revenue".

    [–] In light of US Women's soccer players suing federation for gender discrimination, Employment Attorney Tom Spiggle here to answer questions on what to do if you feel like you're being discriminated against at work because of your gender. Ask Me Anything TSpiggle 1 points ago in AMA

    I'd say do your research, to the extent that you can, before the interview. What is the company's reputation for treatment and pay of women. You could do a PACER.gov search to see if any lawsuits have been filed against the company. When it comes to question, you might as well pointblank ask what you want to know. If the person interviewing takes offense, probably not a place you want to work anyway

    [–] When is enough enough? I am employment attorney here to talk about the federal government shutdown. Ask Me Anything! TSpiggle 1 points ago in IAmA

    Is she working as an essential/excepted employee? If so, she likely cannot get unemployment benefits as she is working even though without pay. (Of course, she could still try. The worst that would happen is that her claim would be denied.) If she if furloughed, she should not need anything from her agency. She can filed directly with her state's unemployment commission.

    [–] When is enough enough? I am employment attorney here to talk about the federal government shutdown. Ask Me Anything! TSpiggle 1 points ago in IAmA

    As the class-action lawyer below mentioned, probably not the best route. However, contractors forced to work without pay, or delayed pay, could still bring a claim under the Fair Labor Standards Act. And for workers working for the same employer could join together and bring a collective action (similar to a class action) against that employer.

    [–] When is enough enough? I am employment attorney here to talk about the federal government shutdown. Ask Me Anything! TSpiggle 2 points ago in IAmA

    Echoing the other comments, it depends on the contract with the government. In some instances, government contractors will receive back pay, most will not if they were not working.

    [–] When is enough enough? I am employment attorney here to talk about the federal government shutdown. Ask Me Anything! TSpiggle 1 points ago in IAmA

    It would depend on state law, but some states do recognize constructive dismissal and you certainly can get unemployment insurance in most states if the reason you left was due to lack of work.

    [–] When is enough enough? I am employment attorney here to talk about the federal government shutdown. Ask Me Anything! TSpiggle 1 points ago in IAmA

    That's right, the same law applies to you. If you are required to work without pay, it is a violation of the FLSA no matter who the employer is.

    [–] When is enough enough? I am employment attorney here to talk about the federal government shutdown. Ask Me Anything! TSpiggle 1 points ago in IAmA

    Hi, everyone. I'm back on from 1-2. Many thanks to all who have participated. Some really great, informative comments. Many thanks for those! I'm going weigh in where I can. Sincerely hope that the need for this information has a short half life because the shutdown ends soon. This is unconscionable.

    [–] When is enough enough? I am employment attorney here to talk about the federal government shutdown. Ask Me Anything! TSpiggle 1 points ago in IAmA

    All very fair points. But try the court systems in China or Russia or Somalia or Mexico. European courts likely do much better than ours in terms of criminal justice, which I noted is seriously flawed here. But they are largely code based and do not allow for robust discovery, which is generally to the benefit of large companies and the government. In England, for instance, if you lose a civil case, you pay high court costs, benefits entrenched interests, not the little guy.