As an update to our previous report on Colorado’s new Ensure Equal Pay for Equal Work Act, on July 28, 2023, the Colorado Department of Labor and Employment (CDLE) issued a revised Interpretive Notice and Formal Opinion (INFO) #9 to establish a timeline for the proposed rulemaking process. According to INFO #9, proposed rules
Equal Pay Act
Mississippi Poised to Enact Pay Equity Law
Posted in Pay Equity
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…
Oregon Extends Exemption for Certain Payments from Equal Pay Act
By Mark A. Crabtree on
Posted in Oregon, Pay Equity
Last year, the Oregon legislature temporarily amended Oregon’s Equal Pay Act to exempt vaccine incentives and hiring and retention bonuses from pay equity considerations, as reported here. The temporary amendments were scheduled to expire March 1, 2022. More recently, the legislature extended the expiration date for the amendments. SB 1514 permits employers to continue…
Why Pay Equity Matters for Manufacturers and How Manufacturers Can Proactively Reduce Risk
By Kathryn J. Barry on
Posted in Pay Equity
Pay equity is a critical issue for employers — and it should be top of mind for those in the manufacturing industry.
A number of states enacted laws designed to strengthen equal pay protections and improve pay transparency in 2021, and more are expected to follow. These laws reflect a continued and growing focus on…
Illinois Begins to Issue Compliance Deadlines for Equal Pay Reporting
By Paul Patten & Thanin O. Stewart on
Posted in Illinois, Pay Equity
The state’s Equal Pay Registration Certificate requirements of the Equal Pay Act will take effect March 24, 2022, according to the Illinois Department of Labor (IDOL). A number of employers have received IDOL notices that they were selected for the first registration deadline: May 25, 2022.
Illinois requires businesses with more than 100 employees to…
Starting Compensation and Pay Equity in California
By Leonora M. Schloss on
Posted in Pay Equity
As California moves toward a tentative reopening date of June 15, employers may be considering bulking up their workforce again. If hiring new employees, employers should consider the guidance issued by the California Commission on the Status of Women (“Commission”), regarding starting compensation.
The guidance from the Commission first sets forth the applicable California statutes…
New Illinois Legislation Targets Equal Pay; Requires Detailed Pay Report and New Enforcement Methods
By Paul Patten & Thanin O. Stewart on
Posted in Pay Equity
An amendment to the Illinois Equal Pay Act of 2003 requires that, beginning March 23, 2024, employers with more than 100 employees in Illinois must certify compliance with the Equal Pay Act by obtaining an Equal Pay registration certificate from the state Department of Labor.
Under the amendment signed by Governor J.B. Pritzker on March…
New Jersey Division on Civil Rights Releases Enforcement Guidance on State Equal Pay Act
By James M. McDonnell & Justin B. Cutlip on
Posted in Pay Equity
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…
Prior Pay No Defense to Pay Difference Under Equal Pay Act, Ninth Circuit Reaffirms
By Stephanie Satterfield on
Posted in Pay Equity
Prior pay, alone or in combination with other factors, is not a job-related “factor other than sex” that can be used to justify a difference in pay under the Equal Pay Act (EPA), a majority of judges on the U.S. Court of Appeals for the Ninth Circuit has held again. Rizo v. Yovino, No.…
Jury Finds Against Female Physician’s Unequal Pay Claims
By Martin W. Aron on
Posted in Pay Equity
A federal jury in Iowa has rejected Equal Pay Act claims by a female physician alleging she was paid less than her male colleagues in the same network for performing substantially equal work under the same compensation formula. Bertroche v. Mercy Physician Assoc., Inc., No. 1:18-cv-00059 (N.D. Iowa Nov. 13, 2019).
The jury also…