California’s legislature has passed a game-changing bill that would impose significant new requirements on employers in that state. The bill, which seeks to up the ante on pay transparency, is now headed to Governor...more
The Illinois Department of Labor (IDOL) has, at long last, issued proposed rules implementing its equal pay registration certificate requirements. As a reminder, Illinois is setting deadlines for covered employers to apply...more
On March 30, 2022, Washington Governor Jay Inslee signed into law Senate Bill (SB) 5761, a measure that requires employers to affirmatively disclose in each job posting open to applicants the salary range or wage scale to be...more
We had been holding off on publishing an update on the Illinois Equal Pay Act requirements in hopes that the State of Illinois would publish its proposed rules implementing the law. Those rules have not yet come. Accordingly,...more
While the Paycheck Fairness Act (S. 205) is stalled in the U.S. Senate, the White House has called for action on issues relating to pay equity. On March 15, 2022, which was women’s “Equal Pay Day” for 2022 in the United...more
Some employers have a practice of periodically conducting statistical analyses of employee compensation, under attorney-client privilege, to identify potential areas of risk related to pay equity concerns. These analyses are...more
2/9/2022
/ Attorney-Client Privilege ,
Disparate Treatment ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Mergers ,
National Origin ,
National Origin Discrimination ,
Pay Discrimination ,
Pay Equity Laws ,
Pay Gap ,
Race Discrimination ,
Racial Bias ,
Statistical Analysis ,
Wage and Hour
Rhode Island Governor Daniel McKee signed pay equity legislation (H 5261A, S 0270A) that will go into effect on January 1, 2023. The new legislation amends Rhode Island’s existing pay equity law and contains the following key...more
Colorado’s Equal Pay for Equal Work Act went into effect on January 1, 2021. The act creates significant compliance burdens for employers with even one employee in Colorado....more
6/30/2021
/ Commercial Speech ,
Constitutional Challenges ,
Corporate Counsel ,
Dormant Commerce Clause ,
Equal Pay ,
First Amendment ,
Interstate Commerce ,
Job Promotions ,
Multistate Employers ,
New Legislation ,
Pay Transparency ,
Posting Requirements ,
Preliminary Injunctions ,
State Labor Departments ,
State Labor Laws ,
Wage and Hour
On February 27, 2020, the United States Court of Appeals for the Ninth Circuit, in Rizo v. Yovino, (again) found that salary history is not a “factor other than sex” that can justify a pay disparity in defense of a claim...more
3/13/2020
/ Civil Rights Act ,
Employer Liability Issues ,
Equal Pay ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
Labor Code ,
Pay Equity Laws ,
Salary/Wage History ,
Title VII ,
Wage and Hour
In this episode, Keith Kopplin and Sarah Platt compare Wisconsin’s Family and Medical Leave Act with the federal Family and Medical Leave Act and discuss the key differences and top things employers should know....more
Vermont and likely Connecticut will soon join California, Delaware, Massachusetts, Oregon, and Puerto Rico (along with various cities and counties) in prohibiting salary history inquiries.
Vermont Prohibits Salary History...more