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Affirmative Defenses Equal Pay

Littler

Salary Negotiation Can Provide Affirmative Defense to Equal Pay Act Claim as “Factor Other Than Sex”

Littler on

A female applicant applies for a position that was widely advertised.  During her interview she insists on being paid $100,000. The employer agrees to her salary demand although it employs a male doing substantially similar...more

Orrick - Equal Pay Pulse

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

Littler

California Superior Court Grants Class Certification in Equal Pay Case

Littler on

On April 30, 2020, Judge V. Raymond Swope of San Mateo Superior Court granted plaintiffs’ motion for class certification in Jewett et al. v. Oracle America, Inc. In doing so, the court certified a class of more than 4,100...more

Stoel Rives - World of Employment

Pay Equity Update: Oregon Legislature Amends Equal Pay Law

SB 123, just passed by the legislature and signed by Governor Brown, makes several amendments to Oregon’s pay equity law. Most notable are the revisions to the limited affirmative defense available to employers in litigation....more

Fisher Phillips

New York State Moves One Step Closer to New Pay Equity Laws

Fisher Phillips on

On the heels of Governor Andrew Cuomo’s call for New York to take additional steps to close the gender wage gap, the New York State Assembly passed a suite of pay equity legislation that would impact both private and public...more

Verrill

Does Massachusetts’s Pay Equity Law Change the Game?

Verrill on

On July 1, 2018, Massachusetts Pay Equity law takes effect requiring all employers to pay men and women equally for comparable work—a phrase that is different from many similar statutes that have gone into effect over the...more

Epstein Becker & Green

Massachusetts Attorney General Releases Guidance for Employers on New Pay Equity Law

The Office of the Massachusetts Attorney General (“AG”) recently issued an Overview and Frequently Asked Questions document (“Guidance”) for the Massachusetts Pay Equity Law (“Law”), which will go into effect on July 1, 2018....more

Foley & Lardner LLP

How Massachusetts’ New Equal Pay Law Impacts Employers

Foley & Lardner LLP on

On August 1, 2016, Massachusetts became the first state to bar employers from asking job applicants about their salary history before making a formal job offer that includes compensation. Under the new law, employers may not...more

Proskauer - Law and the Workplace

Massachusetts Passes Pay Equity Bill Restricting Employers From Inquiring Into Applicants’ Wage History

Massachusetts has passed an amendment to the state’s equal pay law aimed at strengthening prohibitions on gender discrimination in the payment of wages for comparable work. The new bill, signed by Governor Charlie Baker (R)...more

Goodwin

Massachusetts Enacts New Pay Equity Law

Goodwin on

Summary - Massachusetts Governor Charlie Baker signed a pay equity bill into law on August 1, 2016. The law is intended to strengthen existing law by promoting compensation transparency, limiting questions to job...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Massachusetts Governor Signs Expansive Pay Equity Law

As we recently anticipated, on August 1, 2016 Massachusetts Governor Charlie Baker signed into law sweeping legislation that significantly modifies Massachusetts’s equal pay laws. Many consider the new law to be the most...more

Morgan Lewis

Massachusetts Legislature Passes Sweeping Equal Pay Amendments

Morgan Lewis on

The law, which the governor is expected to sign, features a new “substantially similar” standard, strict limits on seeking compensation history, and an affirmative defense for good-faith self-evaluations. The General...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Massachusetts Nearing Enactment of Sweeping Pay Equity Legislation

Continuing a trend, Massachusetts is poised to implement major changes to its equal pay laws. Following the lead of California, New York, and Maryland, which each enacted expansive equal pay laws in the last few months,...more

Goodwin

Massachusetts Legislature Passes New Pay Equity Law

Goodwin on

The Massachusetts Legislature passed new pay equity legislation on July 23, 2016. Governor Baker has been reported to have said that he will sign the legislation. The new law will take effect on January 1, 2018. The...more

Littler

A Legislative El Niño for California?: New 2016 Employment Laws for the State’s Private Sector Employers

Littler on

Experts are predicting a 95% chance of heavier-than-usual seasonal rainfall this year in Southern California based on the phenomenon known as “El Niño.”  Did the California Legislature and its Governor produce a comparable...more

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