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
This month, OFCCP officially rescinded a Notice from nearly two years ago, which stated that it would not “request, accept, or use Component 2 data” that the EEOC collected with the 2017 and 2018 EEO-1 reports....more
9/17/2021
/ Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Federal Contractors ,
Labor Reform ,
Labor Regulations ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Oversight ,
Regulatory Requirements ,
Reporting Requirements ,
Wage and Hour
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
On March 6, 2020, U.S. Secretary of Labor Eugene Scalia published Secretary’s Order 01-2020, which is among the first of his management decisions since his confirmation back in September....more
In yet another development in the closely watched case of Rizo v. Yovino, the en banc Ninth Circuit ruled that employers may not defeat a plaintiff’s prima facie case under the Equal Pay Act (EPA) by arguing prior pay is a...more
Oregon employers looking to evaluate their pay equity picture in 2020 should be aware of a handful of updates to the state’s equal pay law that went into effect on January 1....more
1/9/2020
/ Collective Bargaining Agreements (CBA) ,
Employer Liability Issues ,
Equal Pay ,
Gender Discrimination ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Labor Regulations ,
Pay Equity Laws ,
Pay Gap ,
Pay Transparency ,
Safe Harbors ,
Sex Discrimination ,
State and Local Government ,
State Labor Laws ,
Unions ,
Wage and Hour ,
Wages
This year has seen states enact a litany of laws aimed at addressing pay equity issues, chief among them salary history bans. Mid-way through 2019, more and more states continue moving full speed ahead with legislation to bar...more
8/16/2019
/ Employer Liability Issues ,
Equal Pay ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
As readers of this blog know, pay equity laws and regulations are expanding rapidly in the U.S. at both the federal and local level, as well as internationally. ...more
5/9/2019
/ Collective Actions ,
Employer Liability Issues ,
Employment Litigation ,
Equal Pay ,
Gender Discrimination ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Pay Equity Laws ,
Pay Gap ,
Physicians ,
Sex Discrimination ,
Wage and Hour
The world of professional sports has long grappled with criticism of the stark pay differences between male and female athletes – think Billie Jean King’s “equal pay for equal play” push. ...more
4/2/2019
/ Athletes ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Pay Discrimination ,
Pay Equity Laws ,
Pay Gap ,
Sports ,
Wage and Hour
As we reported last month, the Oregon Bureau of Labor and Industries (BOLI) issued proposed regulations interpreting the provisions of the new Oregon Equal Pay Act of 2017, which will become effective January 1, 2019....more
The Oregon Bureau of Labor and Industries (BOLI) has issued proposed regulations interpreting the provisions of the new Oregon Equal Pay Act of 2017, which will become effective January 1, 2019. ...more
11/6/2018
/ Employer Liability Issues ,
Equal Pay ,
Gender Discrimination ,
Gender-Based Pay Discrimination ,
LGBTQ ,
New Legislation ,
Pay Equity Laws ,
Proposed Regulation ,
Protected Class ,
State and Local Government ,
State Labor Laws ,
Transgender ,
Wage and Hour
On August 28, 2018, a judge in Los Angeles County Superior Court issued one of the first decisions – if not the first decision – on a motion to certify a putative class action under the state’s revised Equal Pay Act, Cal....more
9/28/2018
/ Anthem Blue Cross ,
Class Certification ,
Employer Liability Issues ,
Equal Pay ,
Equal Pay Act ,
Expert Testimony ,
FEHA ,
Gender-Based Pay Discrimination ,
Job Promotions ,
Pay Equity Laws ,
Pay Gap ,
Putative Class Actions ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On August 28, 2018, a judge in Los Angeles County Superior Court issued one of the first decisions – if not the first decision – on a motion to certify a putative class action under the state’s revised Equal Pay Act, Cal....more
This month, the California Senate held a hearing regarding SB 1284, which would require California employers with at least 100 employees to annually report certain demographic pay data to the Department of Industrial...more
Last year, we covered a Ninth Circuit panel decision which concluded that an employer may rely on prior salary information as an affirmative defense to claims under the federal Equal Pay Act (“EPA”) if “it show[s] that the...more