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Vermont Passes Pay Transparency Law: Considerations for Employers

Vermont Governor Philip Scott on June 4, 2024 signed into law H.704, a pay transparency requirement mandating employers with five or more employees to include wage ranges in job advertisements, effective July 1, 2025. The...more

Minnesota Passes Pay Transparency Law

Minnesota Governor Tim Walz recently signed into law a pay transparency requirement that will require employers with 30 or more employees in Minnesota to provide wage ranges on job postings beginning January 1, 2025....more

DEI and Best Practices in Corporate America: Harvard/UNC One Year Later

All eyes were on the US Supreme Court in June 2023 as the justices were poised to issue their decision in Students for Fair Admissions v. Harvard & UNC. As colleges and universities awaited the decision and wondered what it...more

Maryland Passes Pay Transparency Law

Maryland Governor Wes Moore signed a pay transparency requirement into law on April 25, 2024, requiring that all employers in Maryland include wage ranges and benefit information in all job postings....more

US Supreme Court Expands the Scope of Employment Decisions That Can Support Title VII Claims

The US Supreme Court ruled on April 17 that any “disadvantageous” change in the “terms and conditions” of employment that is based on race, gender, or another protected characteristic is actionable under Title VII, even if...more

2024 Proxy Season: The Importance of Evaluating DEI, ESG, and Corporate Social Responsibility Disclosures

In preparing for both the 2024 proxy season and publication of inaugural or refreshed corporate social responsibility or sustainability reports, as well as in anticipation of final climate disclosure rules from the SEC as of...more

DC Mayor Signs Amendments to DC Code on Pay Transparency and Wage History

Washington, DC, Mayor Muriel Bowser signed legislation on January 12 requiring that all covered employers must disclose pay ranges in all job postings and advertisements and also disclose the existence of any additional...more

New OFCCP Rule Changes Investigative Process—to the Detriment of Contractors

The US Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) recently issued a new final rule that will change how the agency investigates and enforces allegations of discrimination against federal...more

Hawaii Revised Statutes Amended to Address Pay Transparency and Equal Pay

Hawaii Governor Josh Green recently signed into law a requirement that employers in Hawaii include in job listings information on the expected hourly rate or salary range for positions. The July 3, 2023 law is an amendment to...more

EO 11246 Following the Harvard-UNC Supreme Court Cases: Why Federal Contractors Should Stay the Course for Now

The US Supreme Court’s June 29 decision in Students for Fair Admissions, Inc. v. University of North Carolina and Students for Fair Admissions, Inc. v. Harvard University (the Harvard-UNC cases), which will have a...more

Us Supreme Court: Affirmative Action in College Admissions Must Come to an End

The US Supreme Court issued a landmark decision on June 29, 2023 regarding challenges to race-conscious admissions programs at Harvard University and the University of North Carolina (UNC). In a 6–3 decision split along...more

New York City Issues Final Rule on AI Bias Law and Postpones Enforcement to July 2023

The New York City Department of Consumer and Worker Protection (DCWP) issued a Final Rule implementing New York City Local Law 144 (the AI Law) and announced July 5, 2023 as the new effective date for implementation and...more

Supreme Court Hears Oral Argument in Challenge to Harvard and UNC Race-Conscious Admission Programs

The US Supreme Court on October 31 debated the legality of race-conscious admission programs used by Harvard University and the University of North Carolina. The decisions in these highly watched cases could have broad...more

Louisiana ‘Fair Chance’ Law Restricts Employer Discretion in Considering Candidates’ Criminal History

Louisiana has joined the growing number of states that have enacted “fair chance” laws that, in general, require employers to evaluate the relationship between a candidate’s criminal history and the duties and...more

Pennsylvania Raises Salary Threshold, Updates Duties Tests With New Overtime Rule

Effective October 3, 2020, the Pennsylvania Department of Labor & Industry (L&I) has updated Pennsylvania’s overtime rules to increase the salary threshold for qualifying under the Pennsylvania Minimum Wage Act (PMWA) as an...more

Court Orders Extension of Filing Deadline for EEO-1 Pay Data Collection to September 30 (Updated)

Judge Tanya Chutkan of the US District Court for the District of Columbia on April 25 ordered the Equal Employment Opportunity Commission (EEOC) to collect EEO-1 Component 2 pay data collection for fiscal years 2017 and 2018...more

Pay Equity Advocates Push Back on EEOC’s Proposed Extension of Filing Deadline for EEO-1 Pay Data (Updated)

The National Women’s Law Center and the Labor Council for Latin American Advancement objected to the Equal Employment Opportunity Commission’s (EEOC’s) April 3 proposal to extend the filing deadline for its EEO-1 Component 2...more

EEOC Suggests Extension of Filing Deadline for EEO-1 Pay Data

The Equal Employment Opportunity Commission (EEOC) on April 3 informed a US district court that it will need to extend the filing deadline for its EEO-1 Component 2 pay data collection from May 31, 2019, to September 30,...more

Supreme Court Vacates and Remands Ninth Circuit Opinion that Prior Pay Is Not a Defense to Equal Pay Act Claim

The US Supreme Court issued a per curiam opinion on February 25 vacating and remanding the US Court of Appeals for the Ninth Circuit’s en banc opinion in Rizo v. Yovino, in which the Ninth Circuit held that prior pay cannot...more

Ninth Circuit: Prior Pay No Defense to Equal Pay Act Claim

The recent ruling by a federal appeals court holds that prior pay does not justify pay differential between male and female employees under the Equal Pay Act. Along with state and local laws that regulate reliance upon...more

New Jersey’s Proposed Pay Equity Law Would Provide New Employee Protections

The New Jersey Legislature passed a bill that makes it an unlawful employment practice to pay employees of a protected class a different rate of compensation from nonclass members for “substantially similar” work unless that...more

Supreme Court Holds Dodd-Frank Whistleblower Protection Only Covers Individuals Who ‘Tell the SEC’

In a 9-0 decision in Digital Realty Trust Inc. v. Somers, the US Supreme Court held that the whistleblower protection provisions contained in the Dodd-Frank Wall Street Reform and Consumer Protection Act apply only to...more

Delaware Law Prohibits Employers from Requesting Compensation Information

Employers may need to adjust hiring and recruiting practices before the law takes effect in December. On Thursday, December 14, 2017, a new law will take effect in Delaware forbidding employers from requesting compensation...more

Ninth Circuit: Prior Pay Can Be Defense to Equal Pay Act Claim Under Certain Circumstances

The court did not address the new California Fair Pay Act, which provides that prior pay is not a defense to pay claims, and its decision is not entirely consistent with other circuit courts of appeals on whether prior pay...more

Philadelphia City Council Passes Bill Barring Inquiries into Prior Pay

Mayor Jim Kenney is expected to sign the bill into law, which would make it an unlawful employment practice for covered employers to ask job applicants about prior pay....more

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