On February 17, the California Senate introduced SB 1162, which—if passed—could give California the most aggressive pay transparency laws in the nation. Again. The draft California law enhances two common state law pay...more
After many delays, employers nationwide just filed their 2020 EEO-1 reports in November. But it’s already time for California employers to begin preparing their annual pay data submission to the Department of Fair Employment...more
The EEOC has announced on its EEO-1 Data Collection website that it has, again, extended the deadline for filing EEO-1 Reports this year—this time to October 25. Employers still rushing to finalize and upload their 2019 and...more
The push for pay equity has moved beyond prohibiting pay discrimination and into requiring employers encourage pay transparency for applicants and employees.
At the federal level, the National Labor Relations Act can...more
Months after first releasing pay transparency guidance, the Colorado Department of Labor and Employment (CDLE) has issued an update. CDLE issued final Equal Pay Transparency (EPT) Rules in November 2020. And, in December...more
Colorado is officially the third U.S. state to enact comprehensive privacy legislation, following California and Virginia. The Colorado General Assembly passed the Colorado Privacy Act (CPA), Senate Bill 21-109, on June 8,...more
Today, the United States District Court for the District of Colorado issued a long-awaited ruling on a motion to enjoin the recently enacted Colorado Pay Equity Transparency Rules.
These rules were first proposed in...more
State legislatures continue to pass laws designed to enhance pay equity and transparency, with the laws of California and Colorado effective in 2021. The California law requires employee pay data reporting by race and gender,...more
3/4/2021
/ Civil Monetary Penalty ,
DFEH ,
EEO-1 ,
Employee Benefits ,
Fines ,
Job Applicants ,
Job Promotions ,
Out-of-State Employees ,
Pay Data ,
Pay Transparency ,
Remote Working ,
Wage and Hour ,
Written Notice
California SB 973 requires employers that (1) file EEO-1 reports and (2) employ more than 100 employees to submit data to the California Department of Fair Employment and Housing (DFEH) annually that shows pay by race and...more
California’s Department of Fair Employment and Housing (DFEH) continues to advance toward the March 31, 2021 pay data collection deadline. When SB 973 was passed in September, DFEH had six months to develop and implement a...more
Colorado’s Equal Pay for Equal Work Act goes into effect on January 1, 2021, and applies to all entities with at least one employee in Colorado, including public bodies, schools, and private individuals. Beginning January,...more
The deadline for employers to comply with California’s pay data reporting requirement (Senate Bill 973) and submit pay data to the Department of Fair Employment and Housing (DFEH) is March 31, 2021.
The DFEH has launched...more
The Colorado Department of Labor and Employment (CDLE) issued its final Equal Pay Transparency Rules (EPT Rules) on November 10, 2020, with additional information on job and promotional postings. The EPT Rules go into effect...more
11/13/2020
/ Colorado ,
Compensation ,
Employee Benefits ,
Equal Pay ,
Final Rules ,
Job Promotions ,
Pay Transparency ,
Posting Requirements ,
Remote Working ,
State Labor Laws ,
Temporary Employees ,
Wage and Hour
At the end of California’s 2020 legislative session, Governor Newsom signed Senate Bill 973 (SB 973), which created pay data reporting requirements for employers starting in March 2021. However, the new legislation left some...more
In a continued effort to reduce gender and racial pay gaps, on September 30, 2020, California Governor Gavin Newsom signed into law Senate Bill 973, which creates massive pay reporting requirements for employers. In 2021,...more
Under 41 CFR 60-300.45, OFCCP must publish the “national percentage of veterans in the civilian labor force” for contractors to use as a “hiring benchmark.” OFCCP’s initial veteran hiring benchmark (in 2014) was 7.2% . ...more
As we previously reported, OFCCP finally received approval of its new scheduling letters – and as a result federal contractors and subcontractors will be required to submit some additional information when selected for a...more
In August, OFCCP issued a proposed new rule to clarify aspects of a religious exemption available to federal contractors. According to OFCCP, the rule is intended to provide clarity regarding the scope and application of the...more
Since the Government Accountability Office (GAO) issued its Recommendations to Strengthen the Office of Federal Contract Compliance Programs’ Oversight of Federal Contractors’ Nondiscrimination Compliance in July 2016, OFCCP...more
With the future of the EEOC’s pay data collection efforts unclear, California’s effort to legislate its own race- and sex-based pay data reporting requirements likewise has stalled, for now.
Since July, California’s Senate...more
Avid readers have seen that OFCCP has been busy this summer. In August alone, the Agency attended the 2019 ILG National Conference in Milwaukee, issued FAQs on student workers, proposed a new rule regarding religious...more
Functional affirmative action plans (FAAPs) are not new. While the regulations require AAPs be prepared on an establishment-basis, OFCCP has permitted contractors to structure their AAPs by “function” or “business unit” –...more
The official rules and authority that govern OFCCP’s actions are set forth in the federal regulations at 41 CFR 60. These regulations go through notice and comment, as well as substantive review to ensure the appropriate...more
This is the third of our series of blog posts on the Office of Management and Budget’s (OMB) July 1 request for comments on OFCCP’s updated proposed scheduling letters. For background, OFCCP first proposed changes to its...more
This is the second blog post in our series discussing the Office of Management and Budget’s (OMB’s) request for further comments on OFCCP’s proposed scheduling letters and itemized listings, which were first published in...more