Charles Walters and Danny Sikka Published in Hospitality Law
“New and Future Legislation Will Have Sweeping Effects”

Charles Walters and Danny Sikka's article "New and Future Legislation Will Have Sweeping Effects," was published in the April 1, 2009 issue of Hospitality Law. In the article, the authors discussed the significant changes in the labor and employment landscape since the start of 2009 and what employers should do to prepare. Chuck and Danny note that the Lilly Ledbetter Fair Pay Act of 2009 greatly expanded the statute of limitations for discriminatory compensation claims under Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Amendments Act, and the Rehabilitation Act of 1973. They remark, "By restarting the statute of limitations clock each time an employee receives a paycheck, this statute effectively allows employees to sue employers for decisions made years earlier." The authors point out that employers should ensure that they have policies and procedures for documenting the nondiscriminatory reasons for compensation decisions. Though potentially burdensome, they suggest that "these efforts will help allow an employer to defend itself in discriminatory compensation cases, which no doubt will become more frequent under this statute." Chuck and Danny observe, "Employers can also use the passage of the Ledbetter Act as an opportunity to rectify any outstanding inequalities in pay that may still exist, while at the same time improving employee relations."

In conclusion, the authors urge employers to pay very close attention to the anticipated changes to the labor and employment law landscape. They note, “Failure to keep up with and plan for these changes will result in increased litigation, union-organizing efforts, and workplace disruptions.”