In the wake of the Black Lives Matter movement and a nationwide push towards greater equality, transparency and accountability, the California legislature this week passed a bill (SB 973) that would establish at the state...more
9/3/2020
/ Anti-Discrimination Policies ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Governor Newsom ,
OFCCP ,
Pay Data ,
Pay Discrimination ,
Pay Equity Laws ,
State Labor Laws ,
Wage and Hour
On July 16, the EEOC announced plans to fund an independent study to evaluate pay data submitted by employers for fiscal years 2017 and 2018 through Component 2 of the EEO-1 form, both to inform potential next steps for the...more
7/22/2020
/ Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Labor Regulations ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Requirements ,
Reporting Requirements ,
Title VII ,
Wage and Hour
Last week, the EEOC announced that it does not intend to renew its request for authorization to collect employers’ pay data on the EEO-1 form in future years. The announcement comes less than three weeks before the September...more
9/16/2019
/ Data Collection ,
EEO-1 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Filing Deadlines ,
Gender-Based Pay Discrimination ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Reporting Requirements ,
Wage and Hour
The EEOC has been no stranger to headlines in recent months, particularly on the issue of equal pay. As we recently reported, the EEOC’s long-dormant pay data collection rule, revived by the D.C. District Court in March, has...more
6/25/2019
/ Civil Rights Act ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Equal Pay ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Pay Equity Laws ,
Pay Gap ,
Pay Transparency ,
Sex Discrimination ,
State and Local Government ,
State Labor Laws ,
Title VII ,
Wage and Hour
Despite some initial news stories to the contrary, uncertainty still remains as to whether and when employers will be required to submit Component 2 pay data to the EEOC. ...more
4/8/2019
/ Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
OMB ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Oversight ,
Regulatory Requirements ,
Reporting Requirements ,
Rulemaking Process ,
Wage and Hour
The status of the revised EEO-1 form remains unclear. While the EEOC is currently accepting 2018 EEO-1 Component 1 data, the EEOC does not appear to be accepting Component 2 pay data yet. ...more
3/20/2019
/ Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Oversight ,
Regulatory Requirements ,
Reporting Requirements ,
Rulemaking Process ,
Wage and Hour
Uncertainty continues for the EEOC’s attempt to expand the collection of employers’ pay data. Last Monday, the D.C. District Court in National Women’s Law Center v. Office of Management and Budget, No. 17-cv-2458 (TSC)...more
3/11/2019
/ Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
OMB ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Reporting Requirements ,
Rulemaking Process ,
Wage and Hour
For the last two decades, Congressional Democrats have attempted to pass the Paycheck Fairness Act. Beginning with the 105th Congress in 1997-98, several legislators have introduced versions of the act...more
Echoing an increasingly familiar refrain, another district court has declined to certify a class of women bringing pay equity claims on the basis that they did not present a common question capable of producing a common...more
As we reported last month, the Oregon Bureau of Labor and Industries (BOLI) issued proposed regulations interpreting the provisions of the new Oregon Equal Pay Act of 2017, which will become effective January 1, 2019....more
The Oregon Bureau of Labor and Industries (BOLI) has issued proposed regulations interpreting the provisions of the new Oregon Equal Pay Act of 2017, which will become effective January 1, 2019. ...more
11/6/2018
/ Employer Liability Issues ,
Equal Pay ,
Gender Discrimination ,
Gender-Based Pay Discrimination ,
LGBTQ ,
New Legislation ,
Pay Equity Laws ,
Proposed Regulation ,
Protected Class ,
State and Local Government ,
State Labor Laws ,
Transgender ,
Wage and Hour
On August 28, 2018, a judge in Los Angeles County Superior Court issued one of the first decisions – if not the first decision – on a motion to certify a putative class action under the state’s revised Equal Pay Act, Cal....more
9/28/2018
/ Anthem Blue Cross ,
Class Certification ,
Employer Liability Issues ,
Equal Pay ,
Equal Pay Act ,
Expert Testimony ,
FEHA ,
Gender-Based Pay Discrimination ,
Job Promotions ,
Pay Equity Laws ,
Pay Gap ,
Putative Class Actions ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
The California Pay Equity Task Force recently published guidance and approved resources for employer compliance with the state’s equal-pay laws. ...more
9/24/2018
/ Compensation & Benefits ,
Employer Liability Issues ,
Equal Pay ,
Fair Pay Act ,
Gender Equity ,
Gender-Based Pay Discrimination ,
New Guidance ,
Pay Equity Laws ,
Pay Gap ,
Sex Discrimination ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
This summer, California pay data reporting bill SB 1284 appeared to be progressing quickly through the legislature, until it was tabled by the Assembly Appropriations Committee on August 16, 2018. ...more
8/22/2018
/ Administrative Authority ,
DFEH ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Gender-Based Pay Discrimination ,
Legislative Agendas ,
Pay Data ,
Proposed Legislation ,
Regulatory Requirements ,
Reporting Requirements ,
State and Local Government ,
State Labor Laws
This month, the California Senate held a hearing regarding SB 1284, which would require California employers with at least 100 employees to annually report certain demographic pay data to the Department of Industrial...more
Last year, we covered a Ninth Circuit panel decision which concluded that an employer may rely on prior salary information as an affirmative defense to claims under the federal Equal Pay Act (“EPA”) if “it show[s] that the...more
On March 21, 2018, Washington Governor Jay Inslee signed into law amendments to Washington State’s Equal Pay Act, which had not been updated since 1943. ...more
3/30/2018
/ Anti-Retaliation Provisions ,
Employer Liability Issues ,
Equal Pay ,
Equal Pay Act ,
Gender Discrimination ,
Gender Equity ,
Gender-Based Pay Discrimination ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Pay Transparency ,
Sex Discrimination ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Three months after the California Fair Pay Act took effect on January 1, 2016, the California Division of Labor Standards Enforcement (“DLSE”) has issued answers to FAQs about the new law, which by all counts is the most...more
Following months of waiting the UK Government has finally published its draft regulations on the new “gender pay gap reporting” requirements in the UK. On publication of the draft regulations, the UK Government has asked one...more