On September 27, 2022, California Governor Gavin Newsom signed Senate Bill (SB) 1162, which requires certain employers to provide more pay transparency on pay scales and expands pay data reporting obligations for other employers. The new obligations take effect on January 1, 2023. Previously, under California law, employers had to provide an applicant with

Christopher T. Patrick
Chris Patrick is a Principal in the Denver, Colorado, office of Jackson Lewis P.C. and is a member of the Firm’s Affirmative Action Compliance and OFCCP Defense practice group and Pay Equity resource group.
Chris partners with employers on practical solutions to ensure equal employment opportunity (EEO), including counseling on affirmative action, pay equity and transparency, and diversity. In short, Chris develops actionable strategies under privilege that identify and eliminate unseen barriers to EEO in personnel practices—often informed by trends in employee data.
California Poised to Expand Pay Transparency, Reporting Obligations
A bill to increase pay transparency in California steps closer to becoming law.
Senate Bill 1162, introduced in February and with some amendments since its initial form, passed the Assembly Appropriations Committee on August 11. Only a few steps are left before it could become law this legislative session: (1) a full Assembly…
Mississippi Pay Equity Bill Crosses Finish Line
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 April 20, Governor Reeves signed the bill into law. And now every state in the…
Mississippi Poised to Enact Pay Equity Law
Mississippi is the only state in the country without an equal pay law. That may change soon.
On March 30, 2022, the Mississippi House and Senate both passed HB 770. The bill (1) requires employers to pay employees without regard to sex and (2) encourages equal pay for equal work. The bill sits…
California Draft Bill Doubles Down on Pay Transparency
On February 17, the California Senate introduced SB 1162, which—if passed—could give California the most aggressive pay transparency laws in the nation. Again. The draft California law enhances two common state law pay transparency strategies: proactive wage range disclosure and pay data reporting.
Proactive Wage Range Disclosure
California was the first state in…
New Year, Same Old California Pay Data Reporting Requirements
After many delays, employers nationwide just filed their 2020 EEO-1 reports in November. But it’s already time for California employers to begin preparing their annual pay data submission to the Department of Fair Employment and Housing (DFEH). The Background In 2020, California Governor Gavin Newsom signed into law Senate Bill (SB) 973,…
The Emerging Trend in State Pay Transparency Laws
The push for pay equity has moved beyond prohibiting pay discrimination and into requiring employers encourage pay transparency for applicants and employees.
At the federal level, the National Labor Relations Act can protect discussions involving compensation as concerted activity. For federal contractors, OFCCP prohibits policies that discourage pay transparency. Many states have followed suit —…
Colorado Updates, Clarifies Official Pay Transparency Guidance
Months after first releasing pay transparency guidance, the Colorado Department of Labor and Employment (CDLE) has issued an update.
CDLE issued final Equal Pay Transparency (EPT) Rules in November 2020. And, in December 2020, it released Interpretive Notice & Formal Opinions (INFO) #9, which clarified how CDLE will interpret the Rules.
Since then, employers…
Injunction Denied: Colorado Equal Pay for Equal Work Act Stands (For Now)
Today, the United States District Court for the District of Colorado issued a long-awaited ruling on a motion to enjoin the recently enacted Colorado Pay Equity Transparency Rules.
These rules were first proposed in September 2020, finalized in November 2020, clarified in December 2020, and became effective January 1, 2021.
They are…
Patchwork of Pay Transparency Laws Continues to Evolve
State legislatures continue to pass laws designed to enhance pay equity and transparency, with the laws of California and Colorado effective in 2021. The California law requires employee pay data reporting by race and gender, and the Colorado law requires robust pay and promotional transparency.
California
Under California’s pay data reporting law (SB 973), most…