As discussed in prior blog posts, here, here, and here, pay equity is a hot topic for employee retention and compliance. This principle of equal pay for equal work has been mandated since the Equal Pay Act of 1963 and reiterated in Title VII of the Civil Rights Act of 1964. More recently, legislators at the federal, state, and local level have increased their focus on pay equity and pay transparency initiatives.
Continue Reading Pay Equity Claims Are on the Rise – How Are Courts Interpreting the Differences in State and Federal Laws?

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

As pay equity and transparency continues to trend in the news, states and localities have passed pay disclosure and transparency laws to further assist employees in evaluating whether they are being paid fairly. These laws vary in scope – some require the disclosure of pay ranges on job postings, others require employers to provide the pay scale for a position upon an applicant or employee’s request, and others require employers to automatically provide pay scale information at the time of hire. Despite their differences, all of these pay disclosure laws are aimed at adding transparency to conversations about pay.
Continue Reading Pay Disclosure and Transparency Efforts Across the Country

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.

Continue Reading CLE Webinar Invite – Don’t Get Lost In the Dark – Navigating Pay Transparency and Pay Equity Laws

Pay equity and transparency have become hot topics across the country as states and the federal government seek to ensure pay equity for employees, regardless of protected class. Federal anti-discrimination laws like the Equal Pay Act and Title VII provide legal recourse for employees who have experienced pay discrimination. As many employers know, federal law prohibits employers from demanding pay confidentiality from employees. Pay transparency laws go a step further and require employers to publish ranges for open positions, adding transparency to the conversations about pay. A new tool in lawmaker’s pay equity toolbox is pay reporting – requiring employers to submit pay data to state agencies.
Continue Reading States Push Pay Reporting Requirements in Effort to Ensure Pay Equity

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