News & Analysis as of

Hiring & Firing › Equal Pay Act › Job Applicants

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Foster Garvey PC

2025 Legislative Developments Affecting Washington Employers

Foster Garvey PC on

Washington employers face a wave of new workplace legislation, some of which recently became effective and some that will begin in 2026 and beyond. These new or modified laws address a broad range of topics, many of which...more

Benesch

EPOA Amendments to Help Washington Employers Mitigate Liability Amid Forthcoming Decision in Branson v. Washington

Benesch on

Washington State employers are eagerly awaiting a state Supreme Court decision regarding whether, under the Equal Pay and Opportunities Act (EPOA), a “job applicant” must have a good-faith or bona fide intent to secure...more

Fisher Phillips

Are You Ready for New Illinois Pay Transparency Rules? A Compliance Blueprint for Employers

Fisher Phillips on

Illinois employers will soon be required to reveal salary information in job postings, thanks to a new law that will take effect on January 1. Amendments to the Illinois Equal Pay Act will require covered organizations to...more

Seyfarth Shaw LLP

New Pay Transparency Requirements for Illinois Employers On the Horizon for 2025

Seyfarth Shaw LLP on

Seyfarth Synopsis: Beginning on January 1, 2025, Illinois will join the list of states that are requiring greater transparency in both the job opportunities available in the state as well as the pay for those jobs. The...more

Seyfarth Shaw LLP

Much Needed Clarity May Finally Be Coming on Who Qualifies as a Job Applicant Under the Washington Equal Pay and Opportunities Act

Seyfarth Shaw LLP on

On August 20, 2024, Western District of Washington Judge John H. Chun asked the Washington Supreme Court to answer the question of what a party must prove to be considered a “job applicant” for the purposes of a pay...more

Parker Poe Adams & Bernstein LLP

Basing Salary on Prior Pay Risks Discrimination Claim

Parker Poe Adams & Bernstein LLP on

In recent years, a number of states and municipalities have adopted measures that restrict employers’ ability to base a new hire’s starting salary on what they made in their prior job. In the past, it was common for...more

Fisher Phillips

Illinois Passes New Pay Transparency Law That Will Require Pay Info In Job Postings: Your Compliance Blueprint

Fisher Phillips on

Illinois employers will be required to reveal salary information in job postings thanks to a new law that was just finalized by the governor. On August 11, Governor Pritzker passed into law amendments to the Illinois Equal...more

Fisher Phillips

New Illinois Equal Pay Bill Would Require More Transparent Job Postings: 4 Things Employers Need to Know

Fisher Phillips on

The Illinois Equal Pay Act has been around for a decade, but it’s seen many changes in the past few years. The act was amended in 2021 to impose new equal pay compliance requirements and create new obligations for private...more

Miller Nash LLP

[Webinar] Pay Transparency: Employer Requirements and Proactive Strategies - April 5th, 8:00 am - 9:00 am PDT

Miller Nash LLP on

Across the country, pay transparency is an escalating priority for today’s workforce and lawmakers. In both Washington and Oregon—where we have laws targeting equal pay—new compliance requirements and strategies are driving...more

Sheppard Mullin Richter & Hampton LLP

California Labor Commissioner Issues FAQs Clarifying Pay Transparency Law

Sheppard Mullin Richter & Hampton LLP on

As we previously reported here last fall, California enacted a pay transparency law (SB 1162) requiring employers with 15 or more employees to disclose pay scales in job postings beginning January 1, 2023. The Labor...more

Fisher Phillips

California Provides Some (But Not Much) Guidance on New Pay Scale Disclosure Requirement: 6 Key Takeaways for Employers

Fisher Phillips on

California officials recently updated their Equal Pay Act FAQs to answer a handful of questions about the state’s new pay transparency requirement for job postings — which goes into effect on January 1. But California...more

Littler

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

Littler on

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

Sheppard Mullin Richter & Hampton LLP

What Employers Need to Know About Colorado’s New Equal Pay Act

Sheppard Mullin Richter & Hampton LLP on

Employers operating, even on a limited basis, in Colorado should be aware of Colorado’s recent wage disparity and discrimination bill, which takes effect in 2021 and imposes widespread requirements related to record-keeping,...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

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

Seyfarth Shaw LLP on

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

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

Second Verse, Same as the First: Ninth Circuit Reiterates That Salary History Does Not Justify Pay Differences Under the Equal Pay...

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

On February 27, 2020, the United States Court of Appeals for the Ninth Circuit, in Rizo v. Yovino, (again) found that salary history is not a “factor other than sex” that can justify a pay disparity in defense of a claim...more

Davis Wright Tremaine LLP

9th Circuit Says Prior Salary Cannot Justify Pay Disparities Under the Federal Equal Pay Act

Davis Wright Tremaine LLP on

On February 27, 2020, the 9th Circuit ruled in Rizo v. Yovino that prior salary, whether alone or in combination with other factors, is not a defense to a claim of pay discrimination under the federal Equal Pay Act (EPA). ...more

Payne & Fears

Ninth Circuit Confirms (Again): Employers Cannot Rely on Prior Pay to Justify Gender Pay Disparities

Payne & Fears on

In April 2018, the Ninth Circuit held that employers cannot consider pre-employment salary history, even in combination with other factors, to justify gender pay disparities. See Rizo v. Yovino, 887 F.3d 453 (9th Cir. 2018)...more

Fisher Phillips

Employers Can’t Use Pay History To Escape Equal Pay Claims, Says 9th Circuit

Fisher Phillips on

Employers are not permitted to justify disparity in pay based on prior pay history, the 9th Circuit Court of Appeals just ruled, eliminating a defense to pay equity claims for businesses across the west coast. Although the...more

Schwabe, Williamson & Wyatt PC

Drafting Legally Sound Job Descriptions

Schwabe, Williamson & Wyatt PC on

Job descriptions are a crucial part of recruitment and hiring, and of performing an Equal Pay Act Analysis, classifying employees for purposes of the Fair Labor Standards Act, and developing reasonable accommodations under...more

Jackson Lewis P.C.

Illinois Equal Pay Act Mandates To Take Effect September 29

Jackson Lewis P.C. on

Amendments to Illinois’ Equal Pay Act (EPA) go into effect on September 29, 2019, leaving employers little time to adjust their hiring practices. No Inquiries into Salary History. Under the amended EPA, employers and...more

Akin Gump Strauss Hauer & Feld LLP

New York Enacts Various New Employment Laws

Akin Gump Strauss Hauer & Feld LLP on

• The New York State Equal Pay Act (EPA) now will apply to all protected categories (including race, national origin, religion, etc.) rather than just gender, dramatically expanding the reach of the statute. • New York...more

Husch Blackwell LLP

Illinois Amends Equal Pay Act And Adds Ban On Pay History Inquiries

Husch Blackwell LLP on

Key Points: Illinois amended the Equal Pay Act to protect job applicants by banning inquiries into salary and wage history information. The Act also protects employees’ rights to disclose, and otherwise exercise their...more

Polsinelli

Illinois Amends Equal Pay Act to Prohibit Questions About Salary History

Polsinelli on

Recently, Illinois amended its Equal Pay Act to include a ban on salary-history inquiries, with the stated goal of reducing gender pay inequities.  Specifically, the amendments prohibit employers from asking questions...more

106 Results
 / 
View per page
Page: of 5
Next »

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide