News & Analysis as of

Equal Pay Act

Delaware and Oregon Join the Movement Banning Employers from Making Salary History Inquiries

by Baker Donelson on

Delaware and Oregon have joined Massachusetts and other local jurisdictions (like New York City, Philadelphia and Pittsburgh (currently in litigation)) by enacting laws that prohibit employers from inquiring about the salary...more

Trends in Pay Equity - Developments in California, New York, Massachusetts and Nationwide

by Payne & Fears on

The news abounds with discussions of fair pay and pay equity. This webinar covers new developments in California, New York, Massachusetts and elsewhere that pertain to employers in recruiting, promoting, and establishing pay...more

Oregon Enacts Expansive Pay Equity Law

by Jackson Lewis P.C. on

The Oregon Equal Pay Act of 2017 greatly extends pay equity protections to a variety of protected classes, prohibits employers from asking for applicants’ salary history, and expands existing remedies available to employees....more

Oregon Equal Pay Act of 2017 – What Should Employers Be Doing Now?

by Tonkon Torp LLP on

On June 1, 2017, the Governor signed into law the Oregon Equal Pay Act of 2017 (the Act), expanding the current law's protection against wage disparities among employees. Currently, Oregon prohibits discrimination "between...more

Employment Law Navigator – Week in Review: June 2017 #2

by Zelle LLP on

Last week, Uber remained in the headlines. The results of an independent investigation into harassment complaints at Uber were shared with Uber employees. The investigation examined 215 claims of harassment at Uber, and...more

EEOC Sues Heritage Bank For Paying Women Less Than Men

Nebraska Bank Violated Equal Pay Act, Federal Agency Charges - ST. LOUIS -- A Nebraska bank violated federal law by paying women and men unequally for jobs with the same required skill, effort, responsibility, and working...more

G4S Youth Services Sued by EEOC For Pay Discrimination

Female Facility Investigator Paid Less Than Male in the Same Position, Federal Agency Charges - LITTLE ROCK, Ark. - G4S Youth Services, a former manager of programs and services at a juvenile correction and detention...more

Prince George’s To Pay $145,402 And Increase Female Engineer’s Salary To Settle EEOC Pay Bias Suit

Court Ruled County Violated the Equal Pay Act, Federal Agency Says - BALTIMORE - Prince George's County, Md., will pay $145,402 and furnish significant equitable relief to settle a federal pay discrimination lawsuit, the...more

Oregon Enacts New Equal Pay Law that Includes Salary History Inquiry Restrictions

by Littler on

On June 1, 2017, Oregon Governor Kate Brown signed into law H.B. 2005, also known as the Oregon Equal Pay Act of 2017. This law includes restrictions on salary history inquiries, expands existing remedies available to...more

Midyear Peek: What Has The EEOC Been Up To In FY 2017?

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Reviewing the EEOC’s case filings during the first half of the Commission’s fiscal year may already reveal some surprising trends, most notably a sharp uptick in the total number of case filings – up 75%...more

Are questions about a job applicant’s salary history fair game or off limits?

by McAfee & Taft on

Prior salary history is a common question asked of job applicants, both during interviews and on job applications. Until recently, employers likely would not have thought twice about asking a candidate the question, “How much...more

Time to Revise Your Job Applications: Oregon Prohibits Salary History Inquiries in Effort to Address Systemic Wage Inequality

by Stoel Rives LLP on

“Equal pay for equal work.” Everyone – employees and employers alike – can agree that no workers should be paid less than others simply because of their gender, race, veteran status, or any other protected characteristic. ...more

Ninth Circuit Confirms Prior Salary Can Be A Legitimate Factor Other Than Sex Under Federal Law

by Jackson Lewis P.C. on

Relying on salary history to justify differences in employee pay can be a valid defense under the Equal Pay Act, according to a recent decision by the United States Court of Appeals for the Ninth Circuit. Rizo v. Yovino,...more

Employment Law - May 2017 #2

One Day of Rest Mandated by California Supreme Court - Why it matters - Resolving a contentious issue of California law, the state’s highest court ruled that one day of rest is guaranteed for each defined workweek,...more

Employment Law Navigator – Week in Review: May 2017 #3

by Zelle LLP on

On Friday of last week, a ransomware cyberattack struck 45,000 targets in 74 countries, including organizations such as FedEx, Telefonica, and the UK’s National Health Service, which cancelled operations and diverted patients...more

New York City Bans Employers From Requesting Salary History

by Morrison & Foerster LLP on

On May 4, 2017, New York City Mayor Bill de Blasio signed into law a bill that will go into effect on October 31, 2017, and generally prohibits employers from inquiring about or relying on an applicant’s salary history. New...more

Equal Pay Protections Upset by Recent Ninth Circuit Ruling

On April 27, 2017, the Ninth Circuit Court of Appeals ruled that an employer was allowed to base “a pay differential on prior salary so long as it showed that its use of prior salary effectuated some business policy and that...more

Responding To And Preparing For Pending Legislation

by SmithAmundsen LLC on

As the Trump administration looks to unburden employers through the rollback of employment-related regulations and Executive Orders, one of the likely results will be an increase in state and local employment legislation and...more

California Employment Law Notes - May 2017

Ruth Featherstone alleged that her former employer (SCPMG) discriminated against her based on a "temporary disability" that was caused by an adverse drug reaction, which resulted in an "altered mental state." During this...more

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

by Morgan Lewis on

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

School’s Out! Ninth Circuit Holds Prior Salary of Teachers Can Justify Pay Differentials

As schools across the country prepare for summer break, the Ninth Circuit overturned a lower court decision against the Fresno County public school district which had found that its pay practices were unlawful. Notably, the...more

Ninth Circuit Clarifies Employer Burden Under EPA to Justify Pay Differential

On April 27, 2017, a panel of the Ninth Circuit Court of Appeals vacated and remanded a district court’s ruling denying an employer’s motion for summary judgment on an Equal Pay Act (EPA) claim. In so doing, the court...more

Legislation Limiting an Employer’s Ability to Inquire About and Consider Applicants’ Prior Salary History Gains Momentum

We had such a spirited panel discussion on pay equity at our Third Annual Employment Law Summit recently that we wanted to follow up with a post addressing the current state of play on pay equity legislation, particularly...more

Puerto Rico Enacts Equal Pay Act Prohibiting Gender-Based Pay Disparities

by Morgan Lewis on

The Act also prohibits pay inquiries in the hiring process and limits restrictions on employee compensation discussions. Less than two months after the passage of the Labor Transformation and Flexibility Act that...more

Puerto Rico Equal Pay Act Aims to Close Gender Pay Gap

On March 8, 2017, Puerto Rico continued the overhaul of its employment laws by enacting, with immediate effect, Act No. 16, known as the “Puerto Rico Equal Pay Act.” The act is not only similar to the federal Equal Pay Act of...more

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