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A cautionary tale for employers. EDITOR’S NOTE: Our Affirmative Action Alert blog has been re-titled EEO Compliance Dispatch. Many companies proactively analyze employee compensation to ensure that any disparities...more
Compensation professionals are often responsible for making sure the way their employees are paid accomplishes multiple goals including competitiveness in the marketplace, internal equity, retention, and adherence to...more
New Jersey’s far-reaching pay transparency law is about to take effect – is your business ready to comply? Starting June 1, covered employers, including certain businesses outside of the state, must disclose compensation and...more
Recent Executive Orders aimed at diversity, equity, and inclusion (DEI) programs and practices have left many employers struggling with how to avoid engaging in “illegal DEI” practices. An important consideration for...more
On January 8, 2025, the Office of Federal Procurement Policy (OFPP) and the Federal Acquisition Regulation (FAR) Council withdrew a proposed rule that would have banned federal contractors and subcontractors from seeking or...more
Citing limited time in the remaining administration and desire to focus on “other priorities”, the Federal Acquisition Regulatory Council announced its withdrawal of the pending proposed rule requiring federal contractors...more
Many employers are now turning to the year-end performance review process and making decisions about bonuses, raises, and incentives for employees — which makes this an ideal time to audit your pay practices and fix any...more
Executive Summary: This Alert discusses actions at the state and federal level to require transparency in pay, in an effort to address pay equity issues. Employers should be aware of new and existing requirements and ensure...more
Seeking to join the growing list of jurisdictions with pay transparency obligations for employers, on December 19, 2023, the District of Columbia Council passed the Wage Transparency Omnibus Amendment Act of 2023. The bill...more
On March 15, 2022, the Office of Federal Contract Compliance Programs (“OFCCP”) issued a Directive regarding OFCCP’s expectations of compliance with the regulatory provisions of 41 CFR 60-2.17(b)(3). The regulations require...more
On August 18, 2022, the Office of Federal Contract Compliance Programs (“OFCCP”) issued “Advancing Pay Equity Through Compensation Analysis,” a revision to Directive 2022-01, “Pay Edit Audits.” The revised Directive states...more
On August 18, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued a revised version of its Directive 2022-01 - Advancing Pay Equity Through Compensation Analysis, which was originally issued on March 15,...more
On March 15, 2022, to coincide with this year's "Equal Pay Day," the OFCCP issued a new Directive on pay equity audits. Its stated purpose is to "provide guidance on how OFCCP will evaluate federal contractors' compliance...more
On March 15, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued a new Directive clarifying covered contractors’ obligation to conduct pay equity audits on an annual basis. Quite notably, the OFCCP issued...more
On March 15, 2022, the OFCCP issued its first directive since President Biden took office. Directive 2022-01 (the “Directive”) addresses contractors’ obligations to analyze their compensation systems and to turn over such...more
On December 3, 2021, the U.S. Court of Appeals for the Fourth Circuit rejected the notion that under the federal Equal Pay Act (EPA), equality should be assessed based on total compensation, holding instead that equality must...more
The COVID-19 pandemic has impacted many areas of the employment landscape. Job descriptions, essential functions, ADA accommodations, undue hardship, and Title VII religious accommodations are all areas that have been...more
Over the course of the past year, several states—including Colorado, Connecticut, and Rhode Island—have proposed and passed novel pay equity legislation. The impact of these laws is notable, including because they subject...more
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
The federal Equal Pay Act (EPA) requires that men and women in the same workplace be compensated with equal pay for equal work. Nearly every state has its own law that also prohibits discrimination in wages on the basis of...more
For nearly five years, major U.S. corporations have been subject to intense scrutiny over their decisions on whether to release internal pay gap percentages in response to shareholder proposals by Arjuna Capital, LLC and...more
The trend of increased legislation, regulation, and corporate initiatives focused on identifying and correcting pay disparities in the workplace has continued to grow. In this episode, Liz Washko discusses recent developments...more
Weeks before the bulk of Oregon’s new equal pay law will take effect, the state Bureau of Labor and Industries released implementing regulations to clarify the obligations that will soon be borne by the state’s employers....more
On November 19, 2018, Oregon’s Bureau of Labor and Industries (BOLI) issued its administrative order and rules implementing the Oregon Equal Pay Act of 2017 (the “Pay Equity Law”), which includes restrictions on salary...more
Dear Littler: My employer is preparing for our annual review of staff compensation. My boss heard there have been a lot of changes in the law about equal pay that might affect our evaluations. He’s asked me to look into what...more