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Pay Equity Laws Equal Pay Act Gender-Based Pay Discrimination

Venable LLP

Pay Equity Pitfalls: Varying Standards for "Equal Work" and Valid Comparators in Pay Equity Litigation

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The Equal Pay Act of 1963 (the EPA) and related state laws require employers to pay men and women equally for equal work. ...more

Fisher Phillips

Pop Quiz: How Much Do You Know About International Women’s Day and Gender Equity in the Workplace?

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People around the globe will celebrate International Women’s Day on March 8 – which also happens to fall during Women’s History Month in the United States and a few other countries. As we take the time to honor women in...more

Fisher Phillips

Year-End Reviews Pair Well with a Pay Equity Audit: A 4-Step Plan for Employers

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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

Seyfarth Shaw LLP

Key Developments In Equal Pay Litigation: Appellate Courts Refuse To Clarify Proper Use Of A “One-Comparator Rule”

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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

Perkins Coie

Washington Expands Equal Pay Law To Cover All Protected Classes

Perkins Coie on

Washington Governor Jay Inslee signed into law Substitute House Bill 1905 on March 28, 2024, broadening the scope of Washington’s Equal Pay and Opportunities Act (EPOA)....more

Seyfarth Shaw LLP

Key Developments In Equal Pay Litigation: The Second Circuit Finally Sees Some Daylight Between Federal And State Equal Pay...

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It has been nearly a decade since some states began enacting changes to their equal pay statutes that appeared to some to differentiate those statues from the federal Equal Pay Act (“EPA”) in significant ways. Although those...more

Poyner Spruill LLP

Eleventh Circuit Clarifies Legal Standard in EPA Pay Discrimination Case

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The Equal Pay Act of 1963, 29 U.S.C. § 206(d) (“EPA”) requires men and women to receive equal pay for equal work.  In order to assert a claim under the EPA, an employee must show that she was paid less than a male comparator...more

Constangy, Brooks, Smith & Prophete, LLP

“Show Me the Money”: Pay equity and transparency in the workplace

Today is National Equal Pay Day. They say that the average woman has to work from January 1, 2023, through March 12, 2024, to make as much money as a man who worked only in calendar year 2023. While there are many...more

McAfee & Taft

Pay equity issues can arise in multiple ways for employers

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Pay equity for women remains an issue for many employers. Among those championing gender pay equity is Megan Rapinoe, the American soccer star who is set to retire from professional play at the end of National Women’s Soccer...more

Poyner Spruill LLP

Fourth Circuit Rejects Plaintiff’s “Market Rate” Theory in Pay Discrimination Case

Poyner Spruill LLP on

The Equal Pay Act (EPA) and Title VII of the Civil Rights Act generally prohibit covered employers from discriminating against employees on the basis of sex with regard to compensation.  The EPA requires men and women to...more

Littler

Second Circuit Holds EPA “Factor Other Than Sex” Affirmative Defense Need Not Be Job-Related

Littler on

In Eisenhauer v. Culinary Institute of America, No. 21-2919-CV (2d Cir. Oct. 17, 2023), the U.S. Court of Appeals for the Second Circuit clarified that the federal Equal Pay Act (EPA) does not require employers to show that a...more

McAfee & Taft

Pay transparency laws the latest trend in advancing goal of pay equity

McAfee & Taft on

Over the past few decades, pay equity has remained at the forefront of legislation affecting employers. At the federal level, the Equal Pay Act of 1963 prohibits wage discrimination based on sex, and the Lilly Ledbetter Fair...more

Cozen O'Connor

Will Pay Transparency Laws Level the Playing Field?

Cozen O'Connor on

According to the federal government, “[a]lthough the gender pay gap has narrowed since the signing of the Equal Pay Act of 1963, women earned 82 cents for every dollar a man earns, according to 2020 data from the Bureau of...more

Littler

Minding the Pay Gap: What Employers Need to Know as Pay Equity Protections Widen (UPDATED)

Littler on

I. Introduction - The pay gap – or paying women and other historically marginalized groups less for the same or substantially similar work – has long been in the media spotlight. But as employees, boards, consumers, and...more

Seyfarth Shaw LLP

Equal Pay Litigation Trends Update: One Comparator, Two Comparators, Three Comparators, More? Courts Revisit The One-Comparator...

Seyfarth Shaw LLP on

Seyfarth Synopsis: This is the second in a series of posts that investigate trends in equal pay litigation resulting from the recent uptick in the number and quality of equal pay lawsuits. This post examines how courts are...more

Bradley Arant Boult Cummings LLP

All on Board: Mississippi Joins the Nation in Prohibiting Pay Discrimination Based on Gender

For the past three years, Mississippi remained the only state in the country that did not have a bill prohibiting pay discrimination based on gender. This all changed on April 20, 2022, when Mississippi Gov. Tate Reeves...more

Jackson Lewis P.C.

Mississippi Pay Equity Bill Crosses Finish Line

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Mississippi Governor, Tate Reeves, had three options. He could have vetoed the state’s pending pay equity bill. He did not. He could have let it come into effect without action. He passed on this path too. Instead, on...more

Robinson+Cole Manufacturing Law Blog

Recognizing the Critical Importance of Pay Equity in Manufacturing

National Equal Pay Day, a presidentially-proclaimed day intended to draw attention to gender-based pay disparities in the United States and beyond, was celebrated across the country on March 15, 2022. In recent years, this...more

Epstein Becker & Green

Illinois Equal Pay Act: New Registration Certificate Requirements

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To comply with the latest iteration of the Illinois Equal Pay Act (IEPA), employers with at least 100 employees in the state of Illinois are required to submit an application to obtain an equal pay registration certificate...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

Littler

Fourth Circuit Requires Parity in Each Component of Compensation, Not Only in Total Compensation, Under Federal Equal Pay Act

Littler on

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

Nilan Johnson Lewis PA

Pay Equity and the Pandemic: A Primer for Higher Ed

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After a year unlike any other, colleges and universities are grappling with historical challenges. While adjusting to reduced attendance, converting to online programming, and ensuring a healthy and safe environment, many...more

Nilan Johnson Lewis PA

Biden Administration Pushes New Federal Equal Pay Requirements

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During the Trump Administration, equal pay advocates focused their attention on legislative and regulatory changes at the state and local levels. These advocates believed change was impossible at the federal level. Still,...more

Epstein Becker & Green

Colorado Releases Guidance on Equal Pay Transparency Rules

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Along with a host of other laws across the country, Colorado’s Equal Pay for Equal Work Act (“Act”) went into effect on January 1, 2021. Among other measures, the Act requires all employers—located anywhere in the United...more

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

Seventh Circuit Decision May Portend Increase in Equal Pay Act Claims for Illinois, Indiana, and Wisconsin Employers

On January 5, 2021, the U.S. Court of Appeals for the Seventh Circuit issued a decision in Kellogg v. Ball State University that expanded the scope of potential evidence plaintiffs may rely on to support their Equal Pay Act...more

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