Archives: Pay Equity

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Constitutionality of Philadelphia’s Salary History Ban Appealed to Third Circuit

The constitutionality of the Philadelphia ordinance aimed at regulating employers’ requests for and reliance on salary histories has been appealed to the U.S. Court of Appeals for the Third Circuit. Both the City of Philadelphia and the Chamber of Commerce for Greater Philadelphia appealed U.S. District Judge Mitchell Goldberg’s decision to grant in part and … Continue Reading

Connecticut Bans Inquiries into Applicants’ Wage and Salary History

Connecticut is the latest state to prohibit employers from asking prospective employees about past compensation. Effective January 1, 2019, employers may not ask (directly or through a third party) about a prospective employee’s wage and salary history unless the prospective employee volunteers the information. Click here to read our full article regarding Connecticut’s salary history … Continue Reading

Philadelphia’s Salary History Inquiry Ban Violates the First Amendment, Federal Court Rules

Philadelphia’s ban on salary history inquiries violates the First Amendment, a federal district court in Philadelphia has ruled in a 54-page opinion. The Chamber of Commerce for Greater Philadelphia v. City of Philadelphia et al., No. 17-1548 (Apr. 30, 2018). Because the decision is based on the First Amendment, it has broader implications for salary … Continue Reading

NJ Governor Poised to Enact Equal Pay Act

On April 24, 2018, New Jersey Governor Phil Murphy plans to sign the Diane B. Allen Equal Pay Act (the “Act”) into law. Senate Bill S-104, reintroduced in this legislative session, contains sweeping changes to the New Jersey Law Against Discrimination (LAD), including, among other items, a prohibition against discrimination with respect to compensation or … Continue Reading

A Ban on Salary History Bans: Michigan Bars Local Governments from Prohibiting Such Inquiries

On March 26, 2018, Michigan Governor Rick Snyder signed a bill that prevents local governments from regulating the questions employers may ask of applicants during job interviews. The bill amends a 2015 law that prohibited local governments from banning salary history inquiries on job applications. With this amendment, Michigan essentially has blocked local governments from … Continue Reading

EPIC: International Coalition on Equal Pay Takes Flight

The fight for equal pay transcends country borders. International consensus on closing the pay gap took a significant step when, in late-2017, during a United Nations General Assembly meeting, the International Labor Organization (ILO), United Nations Women, and the Organization of Economic Cooperation and Development (OECD) launched a global partnership focused solely on pay equity … Continue Reading

Washington State Legislature Sends Comprehensive Pay Equity Bill to Governor

The Washington Legislature has sent Governor Jay Inslee a proposed Act that would significantly broaden the state’s Equal Pay and Opportunity Act. The Governor is expected to approve it. Pay Equity and Gender Following Title VII principles, the Act defines “similarly employed” as jobs requiring “similar skill, effort, and responsibility… performed under similar working conditions.” … Continue Reading

Massachusetts Attorney General’s Office Publishes Guidance On Pay Equity Law

Today, the Massachusetts Attorney General’s office published its long-awaited guidance on Massachusetts’ new pay equity law, which is effective July 1, 2018.  The guidance addresses a number of frequently asked questions and further provides guidance for employers on conducting “self-evaluations” of pay practices.  A link to the Attorney General’s guidance is found here.  Jackson Lewis … Continue Reading

Trump’s 2019 Budget Proposal: Systemic Pay Discrimination Will Remain Priority

President Donald Trump’s budget proposal projects that both the EEOC and OFCCP will be “doing more with less.” Consequently, the agencies plan to focus resources. As set forth in the Budget Justification for OFCCP: OFCCP’s FY 2019 priorities support the agency’s efforts to enforce the law by emphasizing high-impact systemic cases and expand contractor compliance … Continue Reading

The Fight Over EEO-1 Pay Data Collection Continues

As previously reported here, in November 2017, following the Office’s of Management and Budget (“OMB’s”) “immediate stay” of the EEO-1 pay data reporting requirement, the National Women’s Law Center (“NWLC”) and the Labor Council for Latin American Advancement (“LCLAA”) filed a lawsuit to reinstate the EEO-1 pay data reporting requirement, asserting OMB lacked the legal … Continue Reading

Hollywood’s Time’s Up Movement Keeps Pay Equity in Spotlight

At the start of 2018, a group of powerful women in Hollywood launched the “Time’s Up” initiative to counter systemic sexual harassment and discrimination and address broader issues affecting women, including fair pay in the workplace. In support of its goals, the initiative includes a legal defense fund to help women protect themselves from sexual … Continue Reading

New Jersey Bars State Agencies from Seeking Applicants’ Wage Histories

In his first official act upon taking office, newly elected Governor Phil Murphy signed an executive order barring state agencies from asking job applicants about wage history. Former Governor Chris Christie previously vetoed legislation that would have prohibited employers from requesting salary history information from prospective employees. Effective February 1, 2018, state agencies are prohibited … Continue Reading

Ring in the New Year by Ensuring Compliance with New Salary Inquiry Bans

In recent months, several states and localities have passed laws and ordinances banning inquiries into an applicant’s prior compensation, including in California, Massachusetts, Delaware, New York City, Oregon, Puerto Rico, San Francisco, and Philadelphia. There are similar laws currently under consideration in a number of other states, and this topic is bound to be a … Continue Reading

The Fight to Keep EEO-1 Pay Data Collection

Just when it appeared settled that EEO-1 Pay Data reporting was no longer on the table, advocacy groups have filed a lawsuit to reinstate the rule.  In November, the National Women’s Law Center (NWLC) and the Labor Council for Latin American Advancement filed suit against the Office of Management and Budget (OMB), the Equal Employment … Continue Reading

Beyond Base-Pay: EEOC Settlement Targets Sales Representative Commissions

For some workers, the bulk of their income is commissions or other incentive-based pay, not their salary or base wage. For years, the Equal Employment Opportunity Commission, sales employees, and class action plaintiff attorneys have been interested in fair pay for sales workers and, in particular, pay discrimination involving female sales workers. A recent EEOC … Continue Reading

Localities and the Compensation History Ban: Next Stop Albany County

New York Governor Andrew Cuomo has long supported measures related to pay equity. In 2015, he signed a pay equity law that prohibited an employee from being paid a lower wage on the basis on gender. Similarly, in early 2017, Cuomo signed an executive order prohibiting state agencies from making pre-employment offer inquiries about a … Continue Reading
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