Archives: Pay Equity

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California Issues Additional Guidance on What Pay Data Reports will Require

The deadline for employers to comply with California’s pay data reporting requirement (Senate Bill 973) and submit pay data to the Department of Fair Employment and Housing (DFEH) is March 31, 2021. The DFEH has launched an information page that provides needed clarity on certain obligations and has issued additional guidance on the pay data … Continue Reading

Final Rules Implementing Colorado Equal Pay for Equal Work Reflect Significant Changes

As anticipated, the Colorado Department of Labor and Employment has released final administrative rules implementing the new Colorado Equal Pay for Equal Work Act.  The final rules reflect comments received in writing and during a live, virtual, public hearing held on November 2, 2020. Of primary concern to employers were the proposed rules’ job posting … Continue Reading

California Issues Guidance on New Pay Data Reporting Requirements But Leaves Some Questions Pending

At the end of California’s 2020 legislative session, Governor Newsom signed Senate Bill 973 (SB 973), which created pay data reporting requirements for employers starting in March 2021. However, the new legislation left some uncertainty for employers in several areas. The Department of Fair Employment and Housing (DFEH) promised in mid-October that it would be … Continue Reading

Public Comments Received on Proposed Rules Implementing Colorado Equal Pay for Equal Work Act

On November 2, 2020, the Colorado Department of Labor and Employments’ Division of Labor Standards and Statistics held a public hearing to solicit comments about Colorado’s proposed Equal Pay Transparency Rules.  The proposed rules will implement Colorado’s New Equal Pay for Equal Work law that goes into effect January 1, 2021.  The hearing focused on … Continue Reading

Colorado Department of Labor Releases Proposed Rules Implementing Fair Pay for Fair Work Law

On September 29, 2020, The Colorado Department of Labor and Employment published proposed Equal Pay Transparency Rules (“EPT Rules”) providing guidance for implementation of the state’s new Equal Pay for Equal Work Law set to go into effect January 1, 2021.  They also published a corresponding Statement of Basis, Purpose, Specific Statutory Authority and Findings. … Continue Reading

Pay Data Reporting: California is the Tip of the Spear

In a continued effort to reduce gender and racial pay gaps, on September 30, 2020, California Governor Gavin Newsom signed into law Senate Bill 973, which creates massive pay reporting requirements for employers.  In 2021, certain California employers will be required to submit annual information on its employees’ pay data by gender, race, and ethnicity to … Continue Reading

EEOC Announces Study of Collected Pay Data

In the next chapter of the EEO pay data collection story, the EEOC announced today it has contracted with the National Academies of Sciences, Engineering, and Medicine’s Committee on National Statistics (CNSTAT) to, “conduct an independent assessment of the quality and utility of the EEO-1 Component 2 data for FY 2017 and 2018.” This is … Continue Reading

New Jersey Division on Civil Rights Releases Enforcement Guidance on State Equal Pay Act

The New Jersey Division on Civil Rights (DCR) has released a 25-page guidance explaining its enforcement policies with respect to the state’s equal pay law. The guidance provides much-needed direction to companies navigating the pitfalls associated with compensation systems and policies. The guidance addresses questions ranging from multistate employees to affirmative defenses to the role … Continue Reading

BREAKING NEWS: Pay Data Portal Ordered Closed

It seems the end has finally come for at least one part of the pay data reporting story.  On Monday, February 10, Judge Chutkan ordered the EEO-1 Component 2 pay data reporting portal closed.  The closing of the portal signals the end of the required collection of pay data for 2017 and 2018 from eligible … Continue Reading

EEOC Renews Request to Close Component 2 Pay Data Portal

EEOC has filed another Motion with the court seeking an Order deeming Component 2 pay data collection complete.  In its most recent filing, EEOC requests the Court to revisit its previous decision and deem the collection obligation satisfied or, in the alternative, provide clarification “regarding the response rate at which the Court will deem the … Continue Reading

EEOC Must Keep Pay Data Reporting Portal Open

Despite its request to close the pay data reporting portal, Judge Chutkan has ordered EEOC to continue to keep the EEO-1 Component 2 Pay Data Reporting Portal open to allow more filers to submit their pay data.  The Order states, despite the acknowledged expense, that EEOC “must continue to take all steps necessary to complete the … Continue Reading

Survey Says Employers are ‘Taking Action on Pay Equity Management’

A majority of employers (60%) are not only conducting analyses to identify and address pay equity issues, but are conducting analyses with the objective of “resolving the root causes” of identified pay inequities, according to “Pay Equity Practices – Survey of C-Suite and Reward Leaders” from WorldatWork and Korn Ferry. Recent media reports on government … Continue Reading

Illinois Equal Pay Act Mandates to Take Effect September 29

Amendments to Illinois’ Equal Pay Act (EPA) go into effect on September 29, 2019, leaving employers little time to adjust their hiring practices.  No Inquiries into Salary History. Under the amended EPA, employers and employment agencies may not:  Screen applicants based on their current or prior wage or salary history, including benefits or other compensation; … Continue Reading

Pay Equity Challenges Continue: EEOC Sues Nursing Home for Paying Female Nurse Less

Pay equity challenges continue to make the news in the healthcare setting, primarily in the context of physician pay equity gaps. This month, the journal Pediatrics published data from the American Academy of Pediatrics’ Pediatrician Life and Career Experience Study (PLACE), which included 1,000 physician responses on income and 1,300 responses on household responsibilities. The … Continue Reading

Update: EEO-1 Component 2 Portal to Remain Open

In its most recent required status report to the court, filed September 27, 2019, the EEOC reports: “[s]o long as the Court’s order is in effect stating that the collection will not be complete until it reaches what the Court has determined to be the target response rate, the EEOC will continue to accept Component … Continue Reading

Like EEO-1 Component 2, California Pay Data Reporting Stalls

With the future of the EEOC’s pay data collection efforts unclear, California’s effort to legislate its own race- and sex-based pay data reporting requirements likewise has stalled, for now. Since July, California’s Senate Bill 171 (requiring private employers with at least 100 employees to submit an annual report of employee pay data broken down by … Continue Reading

The Future of The EEO-1: What Does EEOC’s Information Collection Really Mean?

As we previously reported , EEOC has filed notice asking for renewed approval to collect EEO-1 Component 1 race, gender and ethnicity workforce data for the next three years (2019, 2020 & 2021), but is not seeking renewed authority to collect Component 2 pay data and hours worked. To be clear, this filing does not impact … Continue Reading

Breaking News: EEOC Will Not Seek Renewal of Pay Data Collection At This Time

As previously reported, EEOC is expected to publish tomorrow a Notice of Information Collection regarding EEO-1 Reporting.  An advance copy of the notice reports that “the EEOC is not seeking to renew Component 2 of the EEO-1.” Instead, the Commission has concluded it should consider information from the current Component 2 collection before deciding whether … Continue Reading

The Future of Federal Pay Equity Law, According to Democratic Presidential Candidates

State pay equity laws, in large part, have been a response to a perception that the federal government is not acting effectively or quickly enough to address gender and race pay gaps. Not surprisingly, several democratic presidential candidates have staked out platforms on how they will address pay inequities at the federal level – some … Continue Reading
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