News & Analysis as of

Pay Gap Hiring & Firing Pay Equity Laws

FordHarrison

District of Columbia Joins Trend Toward Greater Pay Transparency

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Executive Summary: On January 12, 2024, the District of Columbia amended the Pay Transparency Act of 2014, joining a growing list of states, counties, and localities to implement more a more expansive pay transparency law....more

Littler

Pay Transparency Arrives at the Nation’s Capital

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The District of Columbia will soon join an ever-growing list of jurisdictions that require employers to disclose compensation on job postings.  In addition to pay scale disclosure, the District of Columbia Wage Transparency...more

Littler

Hawaii Enacts Pay Transparency Law and Broadens Equal Pay Law

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On July 3, 2023, Hawaii joined eight other states, as well as eight cities/counties, by enacting SB 1057, which requires that certain job listings disclose the hourly rate or salary range that “reasonably reflects the actual...more

Stikeman Elliott LLP

Closing the Gap: British Columbia Proposes New Pay Transparency Legislation

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On March 7, 2023, the British Columbia government introduced Bill 13, the Pay Transparency Act (the “Act”), designed to help close the province’s gender pay gap by imposing new disclosure and reporting obligations on certain...more

Nelson Mullins Riley & Scarborough LLP

Massachusetts May Be Next in Line to Enact Pay Transparency Laws

In 2021, Colorado became the first state to enact a law requiring employers to list a salary range and benefits on job postings. This expansive law applied to any employer with one or more workers based in Colorado, and it...more

FordHarrison

The Latest and Greatest New Pay Transparency Laws

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These days, more and more lawmakers are looking to regulate the amount of salary information employers are required to provide job applicants. On January 1, 2023, California, Rhode Island, and Washington State all had new...more

CDF Labor Law LLP

New FAQs Published for California’s Pay Transparency Law

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Just prior to the New Year, the California Labor Commissioner’s Office released updated Frequently Asked Questions (“FAQs”), which clarified the California Equal Pay Act’s pay scale disclosure requirements that were effective...more

Lewitt Hackman

Labor Commissioner’s Office Publishes Guidance Re Transparency Act and Disclosure of Pay Scales

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As many employers already know, California imposes several restrictions concerning pay disclosures. Labor Code Section 432.3 prohibits employers from inquiring into and relying on an applicant’s salary history and further...more

DCI Consulting

New Pay Transparency Requirements for State of Washington Job Posts

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On November 30, 2022, the State of Washington issued its Administrative Policy for the state’s Equal Pay and Opportunities Act. The law, which is meant to prevent discrimination and promote pay equity for workers, takes...more

Manatt, Phelps & Phillips, LLP

Making Things Clear: Pay Transparency Comes to New York

The most recent trend in employment-related legislation: pay transparency. New York City has enacted a new law mandating that as of May 15, 2022, employers with four or more employees—including independent contractors...more

Littler

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

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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

Quarles & Brady LLP

Equal Pay: The Emerging Legal Landscape

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Over the course of the past year, several states—including Colorado, Connecticut, and Rhode Island—have proposed and passed novel pay equity legislation. The impact of these laws is notable, including because they subject...more

Robinson & Cole LLP

Employer-Mandated Disclosure of Wage Ranges and Expansion of Equal Pay Law Enacted in Connecticut

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Beginning October 1, 2021, Connecticut employers, meaning those that employ at least one employee in the state, will be required to disclose wage ranges for vacant positions pursuant to an amendment of existing laws...more

Epstein Becker & Green

Illinois Employers Will Be Required to Report on Their Equal Pay Practices to Obtain Mandated Certification; Significant Penalties...

On March 23, 2021, Illinois enacted SB 1480 (or “Law”), which, among other measures, amends the Illinois Equal Pay Act (“IEPA”) to require covered Illinois employers to file a detailed application concerning their equal pay...more

PilieroMazza PLLC

Hiring? Recent Amendments to Equal Pay for Equal Work Act Impose New Limits on Employers

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Almost thirty years ago, Maryland’s General Assembly passed the Equal Pay for Equal Work Act (Act), imposing an obligation on Maryland employers to pay employees equal amounts for the same work, regardless of the employee’s...more

Hogan Lovells

Employment News: equal pay, redundancy, GDPR

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If it ain't broke – material factor still explained pay disparity after job evaluation - Employers have a defence to an equal pay claim if they can show that a difference in pay between an employee and their comparator is...more

Hogan Lovells

Maryland salary history ban and wage range notice requirement to take effect October 1

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On October 1, 2020, a new Maryland law related to compensation will: - prohibit employers from requesting or relying on job applicants’ prior pay history to make decisions about employment or initial pay in most...more

Epstein Becker & Green

U.S. Supreme Court Lets Stand Ninth Circuit Ban on ‘Salary History’ Defense to an Equal Pay Act Claim

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In recent years, wage discrimination has been a hot topic and with it, the question of whether employers may rely on a worker’s salary history to justify a pay disparity between male and female employees. In a 2018 case...more

Seyfarth Shaw LLP

Equal Pay Day 2020: Seyfarth’s Release of Equal Pay Resources

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Seyfarth Synopsis: On Equal Pay Day 2020, Seyfarth’s Pay Equity Group is pleased to release two reference guides: its Fourth Annual 50-State Pay Equity Desktop Reference and 2020 Developments in Pay Litigation Report. ...more

Orrick - Equal Pay Pulse

Pay Equity Developments in the Mid-Atlantic

The past month has brought notable pay equity developments to the Mid-Atlantic, including pending legislation in Maryland, and a Third Circuit decision that might have far-reaching effects beyond the Philadelphia salary...more

Nilan Johnson Lewis PA

Charting a Safe Course Into Equal Pay "Safe Harbors"

The rising tide of state pay equity legislation shows no sign of abating, with several new laws set to become effective in 2020 and 2021. Many of these laws differ from the federal Equal Pay Act by defining comparable work...more

Parker Poe Adams & Bernstein LLP

Appeals Court Upholds Municipal Ban on Asking Applicants About Salary History

When looking for reasons to explain the persistent salary gap between male and female employees, worker advocates have focused on initial pay negotiations during the hiring process. If new female employees’ salaries are set...more

Cozen O'Connor

Third Circuit Upholds Philadelphia Wage History Ordinance

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On February 6, 2020, the U.S. Court of Appeals for the Third Circuit upheld a City of Philadelphia ordinance that prohibits employers from inquiring after and/or relying upon a prospective employee’s wage history in any...more

Littler

When Hiring For Jobs Located In Philadelphia, Salary History Will Soon Be Off Limits Unless Voluntarily and Willingly Disclosed

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The United States Court of Appeal for the Third Circuit has issued its decision upholding the Philadelphia Wage Equity Ordinance, one of the so-called “salary history ban” laws....more

Seyfarth Shaw LLP

Pay Equity Litigation Update:  Third Circuit Upholds Philadelphia Ordinance Banning Inquiries Into Job Applicants’ Pay History

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Seyfarth Synopsis: Many states and cities have recently enacted laws prohibiting employers from inquiring about an applicant’s salary history or seeking that information from the applicant or the applicant’s current or former...more

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