News & Analysis as of

Fair Pay Act

I-18- DC Update on Joint Employer and OT Issues, and Part 1 of an Expert Interview on Pay Equity Audits

by Cozen O'Connor on

This episode of Employment Law Now provides an update on current DC initiatives to change joint employer and overtime exemption standards, as well as Part 1 of a two-part interview with a leading expert on conducting an...more

Pay Equity: The Global and Domestic Push To Bridge the Gap

by Fisher Phillips on

It is no secret that pay inequity has plagued the United States and abroad for as long as women have been in the workforce. Although the U.S. and other countries have had laws on the books, in many cases for decades,...more

Trick or Treat? Employee Claims Discrimination After Attending Office Halloween Party

Before you send out that next office-wide invite to a “holiday” party, think twice. Carmelite Lofton has sued her employer, BSN Sports, LLC—a Texas uniform and equipment retailer—when things turned sour after she was forced...more

California Bans Employers from Seeking Salary History of Applicants

by Latham & Watkins LLP on

On October 13, California Governor Jerry Brown signed into law Assembly Bill 168 (AB 168), which further restricts employers’ use of salary history information. California’s Fair Pay Act currently prohibits employers from...more

Governor Signs, Vetoes Pay Equity Bills

by Fox Rothschild LLP on

Governor Brown is in that final flurry of signing and rejecting bills sent to him at the end of the legislative session. Two of those bills that we have been following involved pay equity issues. The Governor approved one,...more

California Bans Salary History Inquiries

California has joined a growing list of jurisdictions, including New York City, Massachusetts, Delaware and Oregon, among others, banning salary history inquiries from job applicants. Governor Brown signed the law into effect...more

California Enacts Statewide Law Restricting Inquiries into Applicants’ Salary History

California Governor Jerry Brown has signed into law a statewide salary history inquiry law that will largely restrict employers in the state from seeking and relying upon salary history information from applicants during the...more

Third Time’s The Charm For California Salary History Ban Legislation

by Seyfarth Shaw LLP on

Seyfarth Synopsis: After two previous failed attempts, California joins seven other U.S. jurisdictions to prohibit inquiries into an applicant’s salary history. Read on for a recap of the new law....more

California Employment Law Bills Sent to Governor’s Desk

Several California labor and employment law bills passed in both the state assembly and senate on or before the September 15, 2017, legislative deadline. Governor Brown will have until October 15, 2017, to sign or veto these...more

California On Brink Of Further Expansion Of Fair Pay Protections

by Jackson Lewis P.C. on

California’s legislature is close to passing three bills to expand the state’s fair pay laws. The bills, introduced in early 2017, were designed to expand upon, or clarify, the amended California Fair Pay Act (CFPA)....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

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

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