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A recent decision from the U.S. District Court in Kansas—Spears v. Thermo Fisher Scientific—ruled that a pay equity analysis conducted primarily for business purposes was not protected by attorney-client privilege or the work...more
A change in presidential administrations can influence federal enforcement agencies’ priorities, how they interpret laws and guidelines, and how they carry out enforcement. Consequently, the transition to the Trump...more
On January 2, 2025, the EEOC released a report underscoring that a gender pay gap among federal employees has an age component as well; the gap is larger for those age 40 and over relative to those under age 40....more
The concept of “work of equal value” is, at its simplest, a comparison between jobs that might seem very different but when distilled down, are actually of equal value to the employer. “Value” is a concept that has been...more
On July 31, 2024, Massachusetts Governor Maura Healy, in an effort to increase transparency in pay, signed into law wage equity legislation that imposes new disclosure requirements on Massachusetts-based employers. The...more
The Situation: While U.S. states continue to legislate pay equity and transparency obligations, significant changes are on the horizon in the European Union that will impact U.S. companies with sizeable operations there. The...more
Seyfarth Synopsis: One issue that has consistently divided the federal courts is whether an equal pay plaintiff can establish a prima faciecase of wage discrimination by pointing to a single comparator of the opposite sex who...more
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
Menopause is something that approximately 50 percent of the workforce will experience during their working lives, but it is still infrequently discussed or considered in the workplace and many of us are unaware of how...more
Seyfarth Synopsis: Colorado has adopted final Equal Pay Transparency Rules which, along with the underlying equal pay law amendments, will become effective January 1, 2024....more
The British Columbia government has released long-awaited details on pay transparency reporting. This blog supplements our initial post describing the Pay Transparency Act (the “Act”). Further, employers are reminded that the...more
As previously reported here, California law requires private employers of 100 or more employees and/or 100 or more workers hired through labor contractors to annually report pay, demographic, and other workforce data to the...more
New proposed legislation in the U.S. House of Representatives would require all employers nationwide – regardless of size or number of employees – to include the wage range in all job postings, provide wage ranges to...more
Recent legislative action across the country suggests that expanding pay transparency requirements will continue to be a major issue for employers to navigate in 2023. Three states—Illinois, Rhode Island, and...more
The Illinois Department of Labor recently published final regulations governing the new requirements for employers to comply with the Illinois Equal Pay Act Amendments (the “EPA Amendments”) signed into law by Governor...more
In the past few years, the global trend towards prioritizing inclusion, equity, and diversity (IE&D) has inspired and challenged employers in every industry. On the one hand, there is a significant business case for IE&D...more
On January 6, 2023, the State of Illinois published final administrative rules regarding the Equal Pay Registration Certificate that employers must secure. The administrative rules had been published in proposed form in May...more
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
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
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
The coming new year brings new changes, new goals, and newly amended employment laws. Although some jurisdictions jumped the gun (looking at you D.C. noncompete law), starting on January 1, many states are implementing new...more
In early 2020, most businesses found themselves unexpectedly pivoting their focus to unprecedented operational, workforce, supply chain, and legal changes in response to the COVID-19 pandemic. Businesses have had to...more
This year brought substantial progress in the way of slightly fewer positive COVID-19 cases and/or transmissions and increased vaccinations. Consequently, in the employment world many of you reopened your offices and invited...more
In June 2021, the Illinois Equal Pay Act (IEPA) was amended to add a requirement for certain Illinois businesses to obtain an equal pay registration certificate (EPRC). The Illinois Department of Labor (IDOL) issued its long...more
Illinois’ Equal Pay Act of 2003 now requires Illinois employers with 100 or more employees (who are required to file an EEO-1 report with the federal Equal Employment Opportunity Commission (“EEOC”)) to apply for an Equal Pay...more