News & Analysis as of

Fair Pay Act

San Francisco Employers Face New Gender Equality Laws

by Fisher Phillips on

The San Francisco Board of Supervisors has just added two new employment ordinances to the burgeoning list of employment-related ordinances in the City by the Bay. First, the Parity in Pay Ordinance prohibits employers from...more

California Legislative Update: Several Labor and Employment Bills Passed in the Assembly

Several California labor and employment law bills passed in the state assembly or senate before the June 2, 2017, legislative deadline. The legislature now has until September 15, 2017, to pass these bills in the second...more

Is Panic Really The Best Choice? One Lawyer’s Approach To Analyzing “Substantially Similar Work” Under The California Fair Pay Act

by Weintraub Tobin on

Since the passage of the California Fair Pay act in late 2015 (effective January 1, 2016) and its recent amendments, many employers and commentators have criticized the statute for imposing a vague and dangerous standard...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

[Webinar] Trends in Pay Equity - Developments in California, New York, Massachusetts, and Nationwide - June 8th, 10:00 am PDT

by Payne & Fears on

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

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

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

Employment Law Commentary - February 2017

by Morrison & Foerster LLP on

The Movement For Equal Pay In The Workplace: Progressive State Laws Carry The Torch - “Traditionally men have earned more than women in the workplace because they are considered the primary breadwinners for families. They...more

2016 California Employment Law Year In Review

In 2016 employers in California had to adjust to compensation and benefits related changes such as a new state minimum wage, a new method of calculating compensation for “piece-rate employees,” and expanded “kin care”...more

Understanding Equal Pay Laws and Avoiding and Defending Pay Equity Claims

by McDermott Will & Emery on

The federal government’s focus on pay equity and pay data, and the passage of groundbreaking equal pay laws in a number of states, has been one of the biggest employment law developments of 2016. Litigation involving pay...more

UPDATE: Philadelphia Enacts Law Prohibiting Inquiry Into a Prospective Employee’s Wage History

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Philadelphia is the next jurisdiction to prohibit employers from inquiring into job applicants’ wage history during the employment application process. ...more

Fenwick Employment Brief

by Fenwick & West LLP on

California Legislative Update - In the latter half of 2016, California Governor Jerry Brown signed numerous bills into law. Below is a summary of those laws that will affect California employers in 2017 and...more

"A to Z" of What California Employers Need to Know for 2017

by BakerHostetler on

With the new year come new laws that affect California employers. The following is the “A to Z” of changes in the law that may affect your business in 2017. All-Gender/Single-User Restrooms - Beginning March 1,...more

On the Horizon: Laws Going Into Effect in Early 2017

by Payne & Fears on

The California Legislature continues to be very active in passing pro-employee legislation, creating additional compliance burdens and litigation risks for employers. The following summary contains the key new laws employers...more

New Year's Resolution for California Employers: Know New Laws Affecting Your Business in 2017

by Faegre Baker Daniels on

The California legislature enacted many new laws in 2016 affecting California employers, many of which are summarized below. All employers with operations in California should be aware of these new laws and consult with...more

New Year, New Laws: What California Employers Need to Know for 2017

by McManis Faulkner on

Once again California will ring in the New Year with a number of new laws affecting employers and employees in the Golden State. Much of this new legislation clarifies existing laws to provide guidance to employers or grant...more

California Employers: Time to Gear Up for 2017

by Epstein Becker & Green on

Now is the time of year for California employers to review the numerous employment laws that will be going into effect in 2017 to ensure that their policies and practices are in compliance and properly address new...more

California Employer Compliance 2017

by Lewitt Hackman on

There have been significant changes to state and federal laws in 2016 affecting employers of all sizes and in many industries. We'd like to help our clients stay apprised of some of the more critical changes by reminding all...more

Handbooks, Onboarding and Gingerbread Lattes

by Fox Rothschild LLP on

My December routine is pretty predictable…sitting by the fire with my favorite holiday season beverage and my laptop fully charged to update employment handbooks and forms for the new year. As an employment law policy and...more

Employment Law Navigator – Week in Review: December 2016 #3

by Zelle LLP on

Last week, the EEOC issued a publication on the rights of job applicants and employees with mental health conditions, along with a companion document addressing the mental health provider’s role in reasonable accommodations...more

California & the Federal Government Expand Laws to Eliminate Wage Disparity

California state legislature amended the Fair Pay Act to prohibit race and ethnicity-based wage differentials and to preclude employers from relying on salary history to justify the wage gaps. In addition, the U.S. Equal...more

New California Employment Laws 2016

by Morgan Lewis on

California’s 2016 legislative session ended, once again, with a flurry of activity in the legislature and by Governor Jerry Brown, resulting in numerous new laws requiring employer action. The end-of-session bills were not...more

Twice in Two Years: California Expands the Fair Pay Act for the Second Consecutive Year

Starting January 1, 2017, companies of all sizes doing business in California will need to take extra care to ensure they are not paying employees differently based on their race or ethnicity or basing new employees’...more

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