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U.S. Master™ Wage-Hour Guide, 2009 Edition
Presents a first approach to the broad and complex controls under the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and other statutes regulating employee wages and hours.
A federal district judge has ruled that Aaron Brothers, Inc (Aaron Brothers) must provide nationwide statistical pay data, the Equal Employment Opportunity Commission (EEOC) advised on June 8, 2009. The EEOC issued a subpoena during the course of a nationwide investigation into the company to determine if the retailer discriminated against female managers by paying them less than their male counterparts. Aaron Brothers offers ready-made frames and mattes, art supplies, and custom framing services and operates more than 160 stores in Texas and the western United States.
When the company failed to fully comply with the EEOC’s investigatory subpoena, the federal agency filed its action in the US District Court for the Central District of California in Los Angeles (EEOC v Aaron Brothers Inc, CDCal, No CV 07-5315 AHM (FMOx)). In his decision, US District Judge A. Howard Matz highlighted the ‘relatively low threshold for enforcing an administrative subpoena,’ stating that the EEOC can request any information that is relevant and material to the investigation, the EEOC noted.
After acknowledging that the EEOC’s request for broad, nationwide data was relevant and material to its investigation, the court placed on the employer the ‘difficult burden of showing that the subpoena is overbroad or will place an undue burden on Aaron Brothers,’ the EEOC said. Because Aaron Brothers did not meet this difficult burden, the court ordered production of information for Aaron Brothers stores nationwide.
For more information on this and other topics, consult CCH Employment Practices Guide or CCH Labor Relations.
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