News & Analysis as of

Hiring & Firing Job Applicants Pay Gap

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 -
Fisher Phillips

EU’s Pay Equity Directive: 5 Key Points Employers Need to Know

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Employers with operations in the European Union should ensure they are familiar with a pay equity directive aiming to close the gender pay gap that will soon come fully online. The directive was signed into law in 2023, and...more

K&L Gates LLP

Massachusetts Joins Growing Number of States With a Pay Transparency Law

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On 31 July 2024, Massachusetts Governor Maura Healey signed into law the Act Relative to Salary Transparency (the Act). The Act has been touted by the governor as an important step toward closing wage gaps and ensuring equal...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

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

Lewitt Hackman on

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

Littler

Washington Becomes Third Jurisdiction to Require Wage Disclosures in Job Postings

Littler on

In an effort to close what is viewed as a persistent pay gap, Washington has amended its Equal Pay and Opportunities Act (EPOA) for the second time to require employers to include wage and benefit information in their job...more

Polsinelli

Ban on Salary History Inquiries to Expand to Federal Contractors

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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

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

Robinson & Cole LLP

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

Robinson & Cole LLP on

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

FordHarrison

Illinois Passes Sweeping Legislation Impacting Employers

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Executive Summary:  On March 23, 2021, Governor J.B. Pritzker signed into law Illinois Senate Bill 1480 which amends the Illinois Human Rights Act, the Illinois Equal Pay Act of 2003, and the Illinois Business Corporation...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

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

Epstein Becker & Green

Third Circuit Reinstates Philadelphia’s Salary History Inquiry Ban

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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

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