Orrick - Equal Pay Pulse

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The Orrick Building
405 Howard Street
San Francisco, CA 94105-2669, United States
Phone: 415-773-5700
Fax: 415 773 5972
Areas Of Practice
  • Labor & Employment Law
Locations
Other U.S. Locations
  • California
  • D.C.
  • Massachusetts
  • New York
  • Oregon
  • Texas
  • Washington
Other Countries
  • Belgium
  • China
  • France
  • Germany
  • Italy
  • Japan
  • Switzerland
  • Taiwan
  • United Kingdom
Number of Attorneys
11-24 Attorneys

Pay Transparency to Current Employees – New Laws Require More Than Job Posting Disclosures

In 2021, employers had to grapple with a host of new pay transparency requirements across the country, which we previously outlined here. While most of these concern requirements to provide salary range information to…more
 /  Labor & Employment Law

Pay Transparency Laws: It’s Not Just Pay Data Reporting Anymore

While new pay data reporting requirements in California and Illinois have grabbed pay equity headlines, we are seeing a ground swell in another type of pay transparency requirements: mandatory pay disclosures to applicants,…more
 /  Labor & Employment Law

Pay Data Reporting Requirements In A Changing Landscape

Employers face increasing demands and pressure to ensure and declare equitable pay for employees, not only from within their own workforces, but also from clients, customers, and government leaders. While states continue passing…more
 /  Labor & Employment Law

On the Road Again: EEO-1 Data Collection is Back and More Important than Ever

As COVID-19 vaccination programs gain speed across the country, and employers consider long-term reopening plans, the Equal Employment Opportunity Commission (EEOC) has announced that starting April 26, 2021, it will begin the…more
 /  Labor & Employment Law

Activist Shareholder Proposals and HCM Disclosures Pivot to Diversity, Equity, and Inclusion in 2021

Since 2015, pay gap disclosure has been front and center on the activist shareholder proposal landscape from an employment and workforce perspective. Following closely on the heels of tragic events of last summer and the…more
 /  Commercial Law & Contracts, Securities Law

Germany’s Federal Labor Court Boosts Enforcement of Equal Pay

Germany is not exactly known to be a pioneer when it comes to equal pay. In Germany, the pay gap remains particularly large and is only closing slowly, according to the Federal Statistical Office. The Federal Labor Court now…more
 /  Labor & Employment Law

DFEH Issues Guidance on California’s New Pay Data Reporting Requirements

California’s Department of Fair Employment and Housing (“DFEH”) has issued new guidance on the pay data reporting law enacted in September that established at the state level the equivalent of the EEOC’s discontinued EEO-1 pay…more
 /  Labor & Employment Law

Ready, Set, Respond: OFCCP Issues Final Rule on Evidentiary Standards and Predetermination Notice Procedure

On November 5, 2020, the Office of Federal Contract Compliance Programs (“OFCCP”) issued a final rule defining the evidentiary standards it will use for proving discrimination claims by federal contractors, revising the process…more
 /  Civil Rights, Government Contracting

Just a SEC – Agency Adopts New Rules Impacting Pay Equity Shareholder Proposals

On September 23, 2020 the Securities and Exchange Commission (“SEC”) adopted amendments to 17 C.F.R. § 240.14a-8 (“Rule 14a-8”), raising the bar for shareholders seeking to force votes on proposals. The rule comes on the heels…more
 /  Business Organizations, Securities Law

California Becomes First State to Require Employers to Report Employee Pay Data By Race and Gender

On September 30, 2020, California Governor Gavin Newson signed SB 973, making California the first state to require employers to submit employee pay data by race and gender. As we previously reported, SB 973 is modeled after the…more
 /  Civil Rights, Labor & Employment Law

EEO-1 Resurrected: California May Be First State to Revive the EEOC’s Pay Data Reporting Form

In the wake of the Black Lives Matter movement and a nationwide push towards greater equality, transparency and accountability, the California legislature this week passed a bill (SB 973) that would establish at the state level…more
 /  Civil Rights, Government Contracting, Labor & Employment Law

EEOC To Analyze EEO-1 Component 2 Pay Data with Independent Assessment

On July 16, the EEOC announced plans to fund an independent study to evaluate pay data submitted by employers for fiscal years 2017 and 2018 through Component 2 of the EEO-1 form, both to inform potential next steps for the…more
 /  Civil Rights, Labor & Employment Law

Striking Out the “Catch-All”: Growing Number of States Narrow Affirmative Defenses for Employers in Pay Equity Cases

The federal Equal Pay Act (EPA) and its many state analogs require equal pay for equal (or, in some states, “substantially similar”) work.  The EPA contains a so-called “catch-all” defense to equal pay claims, permitting wage…more
 /  Civil Procedure, Civil Rights, Labor & Employment Law

Ninth Circuit Hears Pay Case Challenging University Pay Decisions

On Tuesday, May 12, 2020, the Ninth Circuit heard oral argument in Freyd v. University of Oregon. Jennifer Freyd, a professor of Psychology at the University of Oregon, filed a class action lawsuit in March 2017 alleging…more
 /  Civil Procedure, Civil Rights, Labor & Employment Law

California District Court Kicks Out U.S. Women’s National Team’s Equal Pay Claims

A California district court dealt a blow to the U.S. Women’s National Team’s (WNT) equal pay case on May 1, granting partial summary judgment to the United States Soccer Federation (USSF) in the headline-grabbing case filed last…more
 /  Art, Entertainment, & Sports Law, Civil Rights, Labor & Employment Law
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