Pay Equity

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As pay equity has drawn more attention in recent years, employers need to stay abreast of the patchwork of federal, state, and local laws related to pay equity issues. Importantly, employers should understand the varying standards for protected characteristics, appropriate comparators, and accepted defenses under the varying laws of different jurisdictions. At a high level, this post summarizes the federal and state legal frameworks for pay equity claims and highlights the important differences in analyzing such claims.
Continue Reading Pay Equity – A Patchwork Legal Landscape

Now perhaps more than ever, employers of all stripes are grappling with an increased focus on pay equity, and it is transforming employer approaches to compensation. This presentation provides an overview of the pay equity landscape as well as discusses other pay transparency and reporting requirements across the nation.
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Continue Reading CLE Webinar Invite – Don’t Get Lost In the Dark – Navigating Pay Transparency and Pay Equity Laws

California was one of the leading states to tackle pay discrimination by banning inquiries into salary history.  California Labor Code Section 432.2, which went into effect on January 1, 2018, prohibits public and private employers from seeking or relying upon the salary history of applicants for employment.  But some of the law’s terms were undefined and some of the provisions were unclear, so after Section 432.2 went into effect, employers had questions about how to remain compliant with the law when hiring new employees. Acknowledging the need for clarity, Governor Jerry Brown signed an amendment into law on July 18, 2018.
Continue Reading California Clarifies Its Law Banning Inquiries into Applicants’ Salary History

The new year brings new laws for California employers to grapple with. We highlight the most significant new employment laws affecting California employers as of January 1, 2018.  Companies based in California or with operations in California are encouraged to review their policies and procedures in light of these developments.
Continue Reading California Employers: Are You Compliant with 2018’s New Laws?

Equal pay issues continue to be a focus for new state legislation and of the private plaintiff’s bar. Partner Emily Burkhardt Vicente and Counsel Christy Kiely discuss how employers can best position themselves to defend against claims of compensation discrimination.
Continue Reading Labor & Employment Quick Takes: What Companies Need to Know about a Pay Equity Analysis

In response to a presidential memorandum directing the Department of Labor (“DOL”) to collect summary compensation data from federal contractors and subcontractors to combat pay discrimination, the DOL’s Office of Federal Contract Compliance Programs (“OFCCP”) recently proposed a rule calling on certain federal contractors to submit reports on employee compensation.
Continue Reading Department of Labor Proposes Rule Imposing New Reporting Requirements on Federal Contractors and Subcontractors

On April 8, 2014, in recognition of National Equal Pay Day, President Obama continued to advance his wage equality agenda by focusing on wage transparency through Executive Order on Non-Retaliation for Disclosure of Compensation Information (“Executive Order”) and a Presidential Memorandum entitled “Advancing Pay Equality Through Compensation Data Collection” (“Presidential Memorandum”).
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Continue Reading Recent Executive Action Relies on Wage Transparency To Further Pay Equity Agenda