News & Analysis as of

Salary/Wage History Pay Gap

FordHarrison

District of Columbia and Maryland Address Pay Disparity Through New Transparency Laws

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Executive Summary: Washington, D.C. and Maryland recently enacted pay transparency and wage history laws. In passing these laws, the two jurisdictions join a growing number of states including California, Colorado, Illinois,...more

Trusaic

Sweden Releases Its Proposed Amendments of EU Pay Transparency Directive

Trusaic on

In response to the EU Pay Transparency Directive, which requires employers operating in European Union member states to report on pay data, Trusaic will be evaluating the state of each country in the EU’s current gender pay...more

Bricker Graydon LLP

Salary History Ban Set to Take Effect in Columbus

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Starting on March 1, 2024, Columbus will join over 40 states, counties, and cities, including Cincinnati and Toledo, in prohibiting employers from asking applicants about wage rates or salary history. The Columbus ordinance’s...more

Fisher Phillips

Federal Contractors Would Need to Display Salary Ranges Under Proposed Pay Transparency Rule: Here’s What You Need to Know

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The Biden administration recently announced new pay transparency measures intending to reduce wage gaps based on gender and race. The White House unveiled these new efforts on January 29, which marked the 15th anniversary of...more

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

Federal Contractors Can Soon Anticipate Rules on Pay Transparency and Salary History for Applicants and Employees

On December 4, 2023, the Federal Acquisition Regulation (FAR) Council submitted a proposed rule on “Pay Equity and Transparency in Federal Contracting” to the White House Office of Management and Budget (OMB) for approval. On...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

Ius Laboris

New pay transparency rules in British Columbia

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The Canadian province of British Columbia has introduced measures that prohibit employers from asking job applicants for pay history information. Employers will also be required to publish pay information in job postings and...more

Butler Snow LLP

Being Clear on New Laws Regarding Pay Transparency

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As of early November 2022, employers in New York City must disclose salary information in their job postings as part of its recent pay transparency law, as passed by New York’s City Council. This is part of a growing trend of...more

Foley Hoag LLP

The Upcoming NYC Pay Transparency Law Aims to Reduce the Wage Gap - Employers Should be Prepared

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New York’s soon-to-be-effective pay transparency law (Int. No. 134-A) will require New York employers, employment agencies, and employees or agents of these entities to disclose the salary ranges for open positions in job...more

Littler

Minding the Pay Gap: What Employers Need to Know as Pay Equity Protections Widen (UPDATED)

Littler on

I. Introduction - The pay gap – or paying women and other historically marginalized groups less for the same or substantially similar work – has long been in the media spotlight. But as employees, boards, consumers, and...more

Seyfarth Shaw LLP

Equal Pay Litigation Trends Update: One Comparator, Two Comparators, Three Comparators, More? Courts Revisit The One-Comparator...

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Seyfarth Synopsis: This is the second in a series of posts that investigate trends in equal pay litigation resulting from the recent uptick in the number and quality of equal pay lawsuits. This post examines how courts are...more

Polsinelli

Ban on Salary History Inquiries to Expand to Federal Contractors

Polsinelli on

The emerging trend of laws banning inquiries into salary history and promoting pay transparency will soon expand to federal contractors.  On March 15, 2022, President Biden issued an Executive Order titled “Executive Order on...more

Seyfarth Shaw LLP

The Battle Over Prior Salary History Continues: Federal Court In Virginia Holds That It Is A Legitimate “Factor Other Than Sex”...

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Seyfarth Synopsis: On April 5, 2021, in Abe v. Virginia Department of Environmental Quality, the U.S. District Court for the Eastern District of Virginia held that Fourth Circuit precedent supports the use of prior salary by...more

PilieroMazza PLLC

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

PilieroMazza PLLC on

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

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

Epstein Becker & Green on

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

Bradley Arant Boult Cummings LLP

New York Bans Inquiry into Salary History

New York is now the latest state to ban all employers from asking about a job applicant’s salary and wage history. The law, which went into effect on January 6, 2020, expands the reach of anti-discrimination laws in New York...more

Parker Poe Adams & Bernstein LLP

Salaries Set Based on Past Pay History Can Violate Equal Pay Laws

As previously reported in EmployNews, a number of states and municipalities have tried to address gender-based pay gaps by adopting legislation that prohibits employers from asking about pay history or setting starting...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

Hogan Lovells

Pay Equity: Still a Growing Concern

Hogan Lovells on

Pay equity continues to be a complex and evolving issue for employers. Although the Equal Employment Opportunity Commission (“EEOC”) recently ended its Component 2 pay data collection, employers still face substantial...more

Epstein Becker & Green

Third Circuit Reinstates Philadelphia’s Salary History Inquiry Ban

Epstein Becker & Green on

On February 6, 2020, the U.S. Court of Appeals for the Third Circuit upheld the Philadelphia Wage Equity Ordinance (“Ordinance”) by reactivating the Ordinance’s prohibition on employer inquiries into an applicant’s salary...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

Cozen O'Connor on

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

Littler on

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

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