Rhode Island Governor Dan McKee has signed into law new protections against pay discrimination. The new law, which goes into effect January 1, 2023, makes it unlawful to pay any employee less than the employees of another race, color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin
Salary History
Prior Pay No Defense to Pay Difference Under Equal Pay Act, Ninth Circuit Reaffirms
By Stephanie E. Lewis 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.…
Illinois Equal Pay Act Mandates to Take Effect September 29
Posted in Pay Equity
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
…
New Jersey Passes New Salary History Ban
By Amanda E. Steinke & James M. McDonnell on
Posted in Pay Equity
New Jersey has enacted a new law prohibiting employers from seeking or relying on job applicants’ salary history.
Lieutenant Governor Sheila Oliver (acting on behalf of New Jersey Governor Phil Murphy) has signed legislation that prohibits employers from requesting or relying on a job applicant’s salary history in hiring and pay-setting decisions. The law will…
Washington Adds Pay History Ban, Transparency Requirements
By Jackson Lewis P.C. on
Posted in Pay Equity
Washington is the latest state to pass additional pay equity protections. One year after enacting the 2018 Equal Pay and Opportunity Act, which included an array of enhanced pay equity provisions, the legislature passed HB 1696, which restricts pay history inquires and enhances pay transparency requirements. The bill passed on a near party-line…
Maine Lawmakers Celebrate ‘Equal Pay Day’ by Passing Pay History Ban
By Jackson Lewis P.C. on
Posted in Pay Equity
On April 2, Equal Pay Day, Maine’s House and Senate passed a bill prohibiting employers from asking about a potential worker’s wage history before making a job offer. L.D. 278 passed the Maine House by a vote of 86-54 after clearing the Maine Senate by a vote of 22-11 earlier in the day.
If Governor…
Illinois House Set to Pass Tough Pay History Ban, Equal Pay Amendments
Posted in Pay Equity
Once again, the Illinois Legislature is working to pass more aggressive equal pay laws. HB 834 includes not only a pay history ban, but also additional amendments to strengthen pay equity protections and pay transparency provisions.
Pay History
In 2017, and at the end of 2018, former Illinois Governor Bruce Rauner vetoed attempts to prohibit…
On Technicality, U.S. Supreme Court Vacates Ninth Circuit Ruling Barring Reliance on Prior Salaries As Defense In Pay Discrimination Dispute
By Stacey A. Bastone on
Posted in Pay Equity
Because the judge who authored the ruling died before the decision was issued, the Ninth Circuit erred in counting him as a member of the majority, the U.S. Supreme Court ruled in Yovino v. Rizo, No. 18-272 (Feb. 25, 2019). On this technicality, the Supreme Court vacated the Ninth Circuit ruling that prior salary alone…
Federal Paycheck Fairness Act Reintroduction in House and Senate
By Jackson Lewis P.C. on
Posted in Pay Equity
First introduced in Congress in 1997, and several times since, the Paycheck Fairness Act is again under consideration by Congress (S. 270/H.R. 7).
If enacted, the bill would attempt to close the gender pay gap by:
- Implementing a wage history ban
- With limited exceptions, employers would be prohibited from requesting or relying on the wage
…
South Carolina Contemplates Sweeping Pay Equity Legislation
By Matthew R. Ozment on
Posted in Pay Equity
Bipartisan bills introduced in both houses of the South Carolina General Assembly propose allowing workers and job applicants to bring suit against employers for pay inequality and wage secrecy.
The Act to Establish Pay Equity, introduced as Senate Bill 372 along with its similar companion in the House, would expand employees’ and applicants’ rights…