News & Analysis as of

Equal Pay

Understanding the EEOC’s Shifting Stance on Pay Bias and Data Collection

by Franczek Radelet P.C. on

Recently, the Equal Employment Opportunity Commission (“EEOC”) has sent mixed signals to employers regarding its efforts to collect salary and pay data to combat pay inequity based on gender and race. Many employers are left...more

9th Circuit to Reconsider Employer Use of Salary History During Hiring

by McGuireWoods LLP on

On Aug. 29, 2017, the U.S. Circuit Court of Appeals for the 9th Circuit announced it will reconsider en banc whether employer use of salary history to determine an applicant’s compensation as a new hire violates the federal...more

2017 Labor & Employment Legislative Update: The End is Near!

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Governor Jerry Brown has till October 15 to approve bills the Legislature sent to his desk by its Friday, September 15, deadline, including bills that would require employers to ”show us the money” for...more

California Takes One Step Closer to Imposing Reporting Requirements and Public Shaming for Employer Pay Gaps

When we last checked in on AB 1209, the Gender Pay Gap Transparency Act, the proposed legislation was making its way through the California Senate. After making a few key amendments, the Senate passed the bill on September 7,...more

Salary History Inquiry Bill Down But Far From Out

by SmithAmundsen LLC on

On June 28, 2017, HB 2462, an amendment to the Illinois Equal Pay Act, passed both chambers of Illinois General Assembly. The bill would have made an employer’s inquiry into an applicants’ wage, benefits, and other...more

Some States and Municipalities Begin the Ban on Salary History Inquiries

by Bryan Cave on

Many employers base an employee’s pay on his or her past salary. Applicants are typically asked, either on the application or during an interview, how much they made in their previous job(s). Critics of this practice...more

Equal Pay Class Action Lawsuit Against Google

by Fisher Phillips on

Google, Inc. (“Google”) is the latest high profile employer in an onslaught of class actions by female employees alleging systemic discrimination in pay against women. Coupled with the Office of Federal Contract Compliance...more

Update: New York City Commission on Human Rights Issues Fact Sheets Regarding the NYC Salary History Ban

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On September 12, 2017, the New York City Commission on Human Rights released two eagerly-awaited Fact Sheets to aid in the interpretation of the NYC salary history ban, which goes into effect on October 31,...more

New EEO-1 Pay Reporting Requirements Suspended Indefinitely

by Barley Snyder on

Larger employers no longer have the immediate worry about collecting and analyzing pay data to complete the federal EEO-1 employment report. The end of September was traditionally the deadline by which companies with more...more

EEOC Challenges Physician Pay Practices of Texas County Health Department

On August 31, 2017, the U.S. Equal Employment Opportunity Commission (EEOC) in Dallas filed a federal lawsuit in the Eastern District of Texas, Sherman Division, against Denton County, Texas, alleging violations of the Equal...more

EEO-1 Pay Data Form Likely Dead, But Pay Equity Still A Hot Issue

by Davis Wright Tremaine LLP on

In October 2016, we issued a client advisory reporting that the Equal Employment Opportunity Commission had finalized its revisions to the EEO-1 form, requiring for the first time that employers and federal contractors with...more

With EEO-1 Pay Report Gone, California Moves to Fill the Gap

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On September 11, AB 1209, the Gender Pay Gap Transparency Act, which would require larger employers in California to publish differences in pay between male and female employees and Board members, left the...more

Revised EEO-1 Pay Reporting Requirements Suspended Until Further Review

On August 29, 2017, the Office of Management and Budget (“OMB”) suspended the implementation of the new EEO-1 form, pending a review of the effectiveness of those aspects of the EEO-1 form that were revised on September 29,...more

Employers Not Required to Submit Pay Data or Follow Higher Salary Basis Threshold for Exempt Employees

by Pepper Hamilton LLP on

Q.  What is the status of the EEOC’s requirement that we submit pay data with our annual EEO-1 Form?  Also, have there been any updates on the lawsuit blocking the DOL’s rule raising the salary basis for certain non-exempt...more

EEO-1 Form Changes Suspended; Obama Overtime Expansion Officially Invalidated

by Pepper Hamilton LLP on

In the week leading up to Labor Day, two major employment law initiatives of former President Barack Obama’s Labor Department came to a halt. First, the White House Office of Management and Budget (OMB) put a stop to the...more

A (Temporary?) Reprieve: Employers No Longer Required to Submit Pay Data to the EEOC

On Tuesday, August 29, 2017, the U.S. Equal Employment Opportunity Commission (EEOC) announcedthat the Office of Management and Budget (OMB) would stay the new EEO- 1 pay reporting requirements that had been scheduled to...more

White House Office of Management and Budget Hits the Pause Button on EEO-1 Compensation Data Requirement

Employers with 100 or more employees (and federal contractors with 50 or more employees) must submit an EEO-1 Report annually, detailing the race, gender, and ethnicity of its workforce. In September of 2016, the Equal...more

Additional Information For 2017 EEO-1 Reporting - Affirmative Action & OFCCP Law Advisor

by Jackson Lewis P.C. on

Following the announcement placing the EEO-1 pay data requirement on indefinite hold, the EEO-1 Joint Reporting Committee has clarified open questions regarding the details for 2017 EEO-1 Reports....more

EEOC Sues Pizza Studio Restaurant Owner for Violating Equal Pay Act

Company Offered Female New Hire Less Than a Male and Fired Both After She Complained, Federal Agency Says - ST. LOUIS - A Delaware company that until recently operated a Pizza Studio restaurant in Kansas City, Kan., and...more

OMB Halts Employers' Obligation to Report Summary Pay Data on EEO-1 Form

by Ballard Spahr LLP on

The Office of Management and Budget (OMB) has issued an immediate stay of requirements for certain private employers to report data on pay and work hours to the U.S. Equal Employment Opportunity Commission (EEOC). The OMB's...more

White House Postpones EEO-1 Pay Data Initiative Indefinitely

On August 29, 2017, the White House Office of Information and Regulatory Affairs (OIRA), a division of the Office of Management and Budget (OMB), notified the U.S. Equal Employment Opportunity Commission (EEOC) via memorandum...more

Deadline for Compliance with New EEO-1 Form Stayed Indefinitely

The White House Office of Management and Budget (“OMB”) has indefinitely stayed the deadline for compliance with the new Employer Information Report (EEO-1 Form) for collection of annual pay and hours worked information. As...more

A Growing Number of States and Cities Banning Salary History Inquiries

by Stinson Leonard Street on

Employers who ask applicants about their salary history should be wary of a significant increase in state and local legislation barring this question. Over the past year, numerous states and localities have enacted such laws...more

EEO-1 Payroll Data Requirement Delayed....Again

by Roetzel & Andress on

In response to a letter from the Office of Management and Budget (OMB) dated August 29, 2017, the EEOC said that it intends to “stay” the requirement that employers supply pay data when they file the EEO-1 for 2017. You may...more

EEO-1 Pay Data Collection Form Nixed for Now

by Akerman LLP - HR Defense on

Employers that have been struggling with whether to undertake the arduous task of assembling the 2017 pay data required by the new EEO-1 form can breathe a sigh of relief: the Office of Management and Budget (OMB) has nixed...more

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