News & Analysis as of

Equal Pay Act Pay Equity Laws

Fisher Phillips

Year-End Reviews Pair Well with a Pay Equity Audit: A 4-Step Plan for Employers

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Many employers are now turning to the year-end performance review process and making decisions about bonuses, raises, and incentives for employees — which makes this an ideal time to audit your pay practices and fix any...more

Seyfarth Shaw LLP

New Pay Transparency Requirements for Illinois Employers On the Horizon for 2025

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Seyfarth Synopsis: Beginning on January 1, 2025, Illinois will join the list of states that are requiring greater transparency in both the job opportunities available in the state as well as the pay for those jobs. The...more

Seyfarth Shaw LLP

Much Needed Clarity May Finally Be Coming on Who Qualifies as a Job Applicant Under the Washington Equal Pay and Opportunities Act

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On August 20, 2024, Western District of Washington Judge John H. Chun asked the Washington Supreme Court to answer the question of what a party must prove to be considered a “job applicant” for the purposes of a pay...more

Seyfarth Shaw LLP

Key Developments In Equal Pay Litigation: Appellate Courts Refuse To Clarify Proper Use Of A “One-Comparator Rule”

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Seyfarth Synopsis: One issue that has consistently divided the federal courts is whether an equal pay plaintiff can establish a prima faciecase of wage discrimination by pointing to a single comparator of the opposite sex who...more

Seyfarth Shaw LLP

Developments In Equal Pay Litigation: Appellate Courts Refuse To Clarify Proper Use Of A “One-Comparator Rule”

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Seyfarth Synopsis: One issue that has consistently divided the federal courts is whether an equal pay plaintiff can establish a prima faciecase of wage discrimination by pointing to a single comparator of the opposite sex who...more

Perkins Coie

Washington Expands Equal Pay Law To Cover All Protected Classes

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Washington Governor Jay Inslee signed into law Substitute House Bill 1905 on March 28, 2024, broadening the scope of Washington’s Equal Pay and Opportunities Act (EPOA)....more

Seyfarth Shaw LLP

Key Developments In Equal Pay Litigation: The Second Circuit Finally Sees Some Daylight Between Federal And State Equal Pay...

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It has been nearly a decade since some states began enacting changes to their equal pay statutes that appeared to some to differentiate those statues from the federal Equal Pay Act (“EPA”) in significant ways. Although those...more

Poyner Spruill LLP

Eleventh Circuit Clarifies Legal Standard in EPA Pay Discrimination Case

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The Equal Pay Act of 1963, 29 U.S.C. § 206(d) (“EPA”) requires men and women to receive equal pay for equal work.  In order to assert a claim under the EPA, an employee must show that she was paid less than a male comparator...more

Parker Poe Adams & Bernstein LLP

Basing Salary on Prior Pay Risks Discrimination Claim

In recent years, a number of states and municipalities have adopted measures that restrict employers’ ability to base a new hire’s starting salary on what they made in their prior job. In the past, it was common for...more

Seyfarth Shaw LLP

50 State Equal Pay Reference Guide 2024

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For organizations that operate in multiple states, tracking the ever-changing requirements related to equal pay issues can pose daunting challenges and the growing “ripple effect” of such requirements is being felt across...more

Seyfarth Shaw LLP

Developments in Equal Pay Litigation

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We combine legal expertise with industry-leading statistical capabilities to provide global pay equity solutions that assess and mitigate risk....more

Constangy, Brooks, Smith & Prophete, LLP

“Show Me the Money”: Pay equity and transparency in the workplace

Today is National Equal Pay Day. They say that the average woman has to work from January 1, 2023, through March 12, 2024, to make as much money as a man who worked only in calendar year 2023. While there are many...more

McAfee & Taft

Pay equity issues can arise in multiple ways for employers

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Pay equity for women remains an issue for many employers. Among those championing gender pay equity is Megan Rapinoe, the American soccer star who is set to retire from professional play at the end of National Women’s Soccer...more

Poyner Spruill LLP

Fourth Circuit Rejects Plaintiff’s “Market Rate” Theory in Pay Discrimination Case

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The Equal Pay Act (EPA) and Title VII of the Civil Rights Act generally prohibit covered employers from discriminating against employees on the basis of sex with regard to compensation.  The EPA requires men and women to...more

Fisher Phillips

Federal Appeals Court Makes Clear that New York’s Equal Pay Law is Stricter than Federal Law: What Employers Need to Know

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A federal appeals court recently made clear that judges must evaluate equal pay claims separately under federal law and New York’s separate equal pay law because the scope of the NY law is broader and could capture more legal...more

Littler

Second Circuit Holds EPA “Factor Other Than Sex” Affirmative Defense Need Not Be Job-Related

Littler on

In Eisenhauer v. Culinary Institute of America, No. 21-2919-CV (2d Cir. Oct. 17, 2023), the U.S. Court of Appeals for the Second Circuit clarified that the federal Equal Pay Act (EPA) does not require employers to show that a...more

McDermott Will & Emery

Illinois Mandates Pay and Benefits Information for Job Postings

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Illinois recently amended its Equal Pay Act to require employers with 15 or more workers to include pay and benefits information for each covered job posting. There is, however, a delayed start date: This amendment will take...more

McAfee & Taft

Pay transparency laws the latest trend in advancing goal of pay equity

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Over the past few decades, pay equity has remained at the forefront of legislation affecting employers. At the federal level, the Equal Pay Act of 1963 prohibits wage discrimination based on sex, and the Lilly Ledbetter Fair...more

Tonkon Torp LLP

Offering Hiring and Retention Bonuses May Become Easier In Oregon

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Oregon’s Equal Pay Act- Under Oregon’s Equal Pay Act (the “Act”), employers may not pay employees differently if they perform work of comparable character unless the pay difference is based on a listed “bona fide” factor,...more

BCLP

Pay Transparency and Equity Issues

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History of Pay Inequality - Pay discrimination is not new in the United States. In 1963, Congress enacted the Equal Pay Act to address a centuries-old problem of sex-based discrimination in the payment of wages by...more

Miller Nash LLP

[Webinar] Pay Transparency: Employer Requirements and Proactive Strategies - April 5th, 8:00 am - 9:00 am PDT

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Across the country, pay transparency is an escalating priority for today’s workforce and lawmakers. In both Washington and Oregon—where we have laws targeting equal pay—new compliance requirements and strategies are driving...more

Cozen O'Connor

Will Pay Transparency Laws Level the Playing Field?

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According to the federal government, “[a]lthough the gender pay gap has narrowed since the signing of the Equal Pay Act of 1963, women earned 82 cents for every dollar a man earns, according to 2020 data from the Bureau of...more

McDermott Will & Emery

Washington State’s Pay Transparency Law Takes Effect January 1, 2023

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Effective January 1, 2023, Washington employers must comply with SB 5761, commonly known as Washington’s Pay Transparency Law, signed by Governor Jay Inslee on March 30, 2022. SB 5761 amends Washington’s Equal Pay and...more

Manatt, Phelps & Phillips, LLP

California Court Reverses Dismissal of EPA Claim

A California appellate panel reversed dismissal of a female employee’s Equal Pay Act (EPA) claim, finding her evidence that a single male comparator was paid more than she was to be sufficient to survive summary judgment....more

Littler

Minding the Pay Gap: What Employers Need to Know as Pay Equity Protections Widen (UPDATED)

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I. Introduction - The pay gap – or paying women and other historically marginalized groups less for the same or substantially similar work – has long been in the media spotlight. But as employees, boards, consumers, and...more

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