News & Analysis as of

Equal Pay

NYC Law Prohibits Employers from Asking Job Applicants for Salary History

by Wilson Elser on

New York City recently enacted a law prohibiting employers from asking about a job applicant’s salary history during all stages of the employment hiring process. The law, which was adopted on May 4, 2017, also prohibits an...more

House Hearing Examines EEOC's Regulatory and Enforcement Policies

by Littler on

On Tuesday, May 23, 2017, the House Subcommittee on Workforce Protections held a hearing to discuss the direction of the U.S. Equal Employment Opportunity Commission (EEOC). The witnesses and lawmakers raised several topics...more

Impact of New Gender Pay Gap Reporting in the UK

by Locke Lord LLP on

Last month saw the coming into force of important new employment legislation in the UK, the Gender Pay Gap Regulations 2017 (“the Regulations”). In this article, we explain the reason for this new legislation and what it...more

Update to NYC Salary History Inquiry Ban

In our prior post, we reported that the New York City Council had approved an amendment to the New York City Human Rights Law (“NYCHRL”) prohibiting New York City employers from inquiring about a prospective employee’s salary...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

New York City Mayor Signs Pay Equity Law – Impact on Employment Background Checks

by Arnall Golden Gregory LLP on

New York City Mayor Bill de Blasio signed legislation prohibiting employers from inquiring about a prospective employee’s salary history during the hiring process. New York City joins Massachusetts and Philadelphia in passing...more

Employers Must Use Caution When Basing Pay Decisions On Prior Salary History

by Foley & Lardner LLP on

Imagine a scenario where an employer hires two individuals – a male and female – to fill two identical jobs (i.e., same job qualifications and same job duties). Both individuals satisfy the educational, skill, and other...more

Gender Pay Gap Is Primarily A Result Of Personal Choices — So, What Can Employers Do?

A number of studies are showing that most, if not all, of the gender pay gap is explained by personal choices made by men and women. But how can employers protect themselves from claims of discrimination? The U.S. Bureau...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

New York Crosses the Finish Line to Ban Inquiries into Applicant Wage History

by Hinshaw & Culbertson LLP on

On May 4, 2017, New York City Mayor Bill de Blasio signed into law, Intro No. 1253-2016, amending the New York City Human Rights Law to restrict an employer’s ability to ask job applicants about their compensation history...more

Money Isn’t Everything: NYC Bars Employer Inquiry Into Salary Histories

On May 4, 2017, Mayor Bill de Blasio signed a new law enacted by the City Council that restricts New York City employers from inquiring about or relying on a prospective employee’s salary history. Under the law, employers...more

UPDATE: The Trend Continues: NYC Passes Salary History Ban

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On May 4, 2017, New York City Mayor Bill de Blasio signed into law the long awaited ban on employers inquiring about a prospective job applicant’s prior salary history. The law will go into effect in 180...more

KL Snapshot #13 – Mars-Avril 2017

Jean-Pierre Mattout - La révocation du président pour différend stratégique avec l’actionnaire majoritaire, in Revue des sociétés avril 2017 - Gilles Kolifrath, Jérôme Blanchet, Mélanie Goupy & Galina Petrova -...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

Ninth Circuit Holds that Prior Salary Alone May Justify Pay Differential in Equal Pay Act Cases

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On April 27, 2017, the Ninth Circuit held that using prior salary alone may support differences in compensation under the Equal Pay Act as a “factor other than sex” if using prior salary was “reasonable”...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

A New Trend — States Banning Questions Regarding Salary

by Conn Maciel Carey LLP on

In light of the current political climate and the corresponding lack of legislation being enacted at the federal level, some of the more liberal states and localities have begun to take matters into their own hands and enact...more

The irregular thing about the Gender Pay Regulations…

by Dentons on

As reported in our article “It’s all change in employment law in April…”, private employers with 250 employees or more should have collated their relevant data on the first annual “snapshot date”, on 5 April 2017. These...more

WPI State of the States — Legislative Proposals Are Taking Root

by Littler on

As April showers turn into May flowers, measures proposed earlier this year in the state legislatures begin to take root. Significantly fewer generally applicable labor and employment bills were introduced in April, around 60...more

Japan Legal Update - Volume 24 | April 2017

by Jones Day on

Labor - Japan's Action Plan for the Realization of Work Style Reform - Prime Minister Shinzo Abe recently held 10 meetings of the "Council for the Realization of Work Style Reform," to discuss reforms to Japan's...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

And NYC Makes Three: Massachusetts, Philadelphia, and New York City Ban Salary Inquiries

New York City will soon become the third jurisdiction to enact laws barring employers from asking a job applicant about former salaries. The goal? To eliminate one of the alleged sources of wage disparities between men and...more

State and Local Governments: Battling for Control of Workplace Laws

by Akerman LLP - HR Defense on

While some states are taking action to bar cities and local governments from regulating the workplace, cities and counties appear to be countering that effort by implementing innovative worker protections....more

New York City Set to Ban Inquiries About Salary History

by Littler on

The New York City Council has approved a bill that makes it an “unlawful discriminatory practice” for employers to inquire about the salary history of a prospective employee, or to rely upon salary history unless the...more

Summing Up: Equal Pay

by Zelle LLP on

Last week’s observance of Equal Pay Day - and a review of the commentary it generated - has reminded us that gender-based pay disparity is a complicated topic, worthy of employers’ attention but difficult to put in...more

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