Illinois is not yet on the salary history ban wagon. For the second time since 2017, Illinois Governor Bruce Rauner vetoed a law that would prohibit employers from seeking salary history information from prospective employees, among other fair pay provisions. House Bill 4163 closely resembles the bill the Governor vetoed in 2017, House Bill 2462. … Continue Reading
Departing from other federal appeals courts, the U.S. Court of Appeals for the Federal Circuit has held that Equal Pay Act plaintiffs must establish that the pay differential between similarly situated employees is “historically or presently based on sex” to make out a prima facie case. In Gordon v. U.S., No. 17-1845 (Fed. Cir. Sept. … Continue Reading
OFCCP’s new Directive on how the OFCCP will review federal contractors’ compensation practices during a compliance evaluation stresses a commitment to transparency and outlines how the Agency it will review data, group employees for analytical purposes, perform statistical analyses, and communicate findings with federal contractors. Data Request and Review Procedures During a compliance evaluation, contractors … Continue Reading
With the #MeToo and #TimesUp movements re-energizing the focus on #EqualPay, employers increasingly may find themselves facing questions about how they are paying employees and what they are doing to help close the pay gap. A growing number of companies are adjusting their compensation programs to address pay equity concerns. In recent months, several large … Continue Reading
Since the start of the “Times Up” and “Me Too” movements, the spotlight has remained on the gender-based wage disparities existing between female and male actors that work on the same cinematic productions, yet receive unequal pay. However, many in Hollywood feel that women who work behind the scenes in film production or as part … Continue Reading
When we think about the “pay gap,” often only the disparity between genders comes to mind – the disparity in pay between all males and all females. It is not the only gap employers should be mindful of. For example, Black Women’s Equal Pay Day, which this year fell on August 7, shines a spotlight … Continue Reading
As our Healthcare Workplace Update reported on June 21, and as is the case across many industries, issues related to physician pay equity are receiving increased attention nationwide. Doximity’s 2018 Physician Compensation Report (its second annual report) contained key national findings on the gender wage gap that point to widespread disparities in physician compensation. Please … Continue Reading
The New Jersey Department of Labor and Workforce Development has issued two reporting forms for the new Diane B. Allen Equal Pay Act: Contracts for Qualifying Services and Contracts for Public Works. To assist contractors with filing the forms, the state also has issued Instructions. The Equal Pay Act went into effect on July 1, … Continue Reading
California has enacted new legislation aimed at clarifying its law banning an employer from inquiring about a job applicant’s salary history information. Assembly Bill 168 (codified as Labor Code Section 432.3) prohibits employers from seeking salary history of applicants for employment. Designed to eradicate the wage gap, AB 168 also requires employers to provide applicants, … Continue Reading
San Francisco’s “Parity in Pay Ordinance,” prohibiting employers from inquiring about a job applicant’s salary history, took effect on July 1, 2018. This post discussed significant provisions of the ordinance as well as key considerations for employers to ensure compliance with the new regulation. The San Francisco measure follows several states’ and cities’ enactment of … Continue Reading
Hawaii will be joining the salary history ban trend beginning in 2019. On July 5, Governor David Ige signed into law a bill seeking to address the pay disparity between men and women who perform similar work. Effective January 1, 2019, Hawaii employers with at least one employee in the state may not ask a … Continue Reading
Like New Jersey’s Diane B. Allen Equal Pay Act, the Massachusetts Equal Pay Act (MEPA) amendments went into effect on July 1, 2018. Regarded as one of the first comprehensive fair pay laws to be passed at the state level, MEPA has served as not only as a catalyst, but a model, for the patchwork … Continue Reading
The healthcare industry is following other industries with an increased focus and growing sense of alarm over the gender pay gap. Click here to read our full article regarding the AMA’s resolution to promote pay equity. … Continue Reading
On July 1, 2018, only ten days from now, the Diane B. Allen Equal Pay Act (Act) goes into effect, broadening New Jersey’s Law Against Discrimination (LAD) to promote equal pay for all employees covered under the law. The Act, considered one of the most comprehensive and pro-employee equal pay laws in the nation, significantly expands equal … Continue Reading
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 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
Beginning July 1, 2018, employers in Vermont will be prohibited from requiring a prospective employee to disclose his or her salary and benefit history before making an offer of employment, with compensation, under legislation (H.B. 294) signed by Governor Phil Scott on May 11, 2018. Click here to read our full article regarding Vermont’s salary … Continue Reading
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
New Jersey Governor Phil Murphy signed the Diane B. Allen Equal Pay Act into law on April 24, 2018. The Act will take effect on July 1, 2018. The new law contains sweeping changes to the New Jersey Law Against Discrimination (LAD), including a prohibition against discrimination with respect to compensation or financial terms of … Continue Reading
New York Governor Andrew M. Cuomo continues his push to address the gender pay gap in New York. The latest is the release of a Department of Labor report commissioned by the Governor that recommends legislation barring all employers, public and private, from asking or searching for prospective employee’s salary history. In January 2017, the … Continue Reading
New York’s Westchester County is the latest locality to adopt legislation prohibiting employers from asking prior salary histories of a prospective employee. Click here to read our full article regarding Westchester County’s salary history ban.… Continue Reading
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
Prior salary alone or in combination with other factors cannot justify a wage differential between male and female employees under the Equal Pay Act, the U.S. Court of Appeals for the Ninth Circuit has held in an en banc decision. Click here to read our full article regarding the 9th Circuit’s decision.… Continue Reading
The National Women’s Law Center (NWLC) has published a report based on the most recent U.S. Census Bureau data showing that women earn 80 cents for every dollar paid to their male counterparts across 97% of occupations. The report finds the wage gap is due in part to the fact that women are overrepresented in … Continue Reading
