DE Under 3: FAR Council's Latest Proposed Rule & OFCCP's 10 New FAQs on Compensation History
Labor & Employment Law: Vermont and Federal Legislative Update
Employment Law This Week®: Gig Worker Classification, NLRB Rulemaking Agenda, Non-Compete Agreement Backlash
Trends in Pay Equity - Developments in California, New York, Massachusetts and Nationwide
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
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
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
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
We combine legal expertise with industry-leading statistical capabilities to provide global pay equity solutions that assess and mitigate risk....more
Compensation was king this week in the latest OFCCP Week in Review! In this episode, our experts discuss the FAR Council's latest Notice of Proposed Rulemaking regarding "Pay Equity and Transparency in Federal Contracting,"...more
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
The employment law landscape can shift quickly to keep up with our rapidly evolving world of work. You can be better prepared by anticipating changes that could impact your business. Below are three areas in which legal...more
The new year is here and brings a number of states with new pay transparency requirements for employers, some of which impact job postings. Proponents believe these laws will level the playing field, allowing all candidates...more
As of early November 2022, employers in New York City must disclose salary information in their job postings as part of its recent pay transparency law, as passed by New York’s City Council. This is part of a growing trend of...more
Most recruiters and hiring managers are familiar with the concept of “prohibited questions” during the hiring process—topics the employer should avoid affirmatively raising during the interview to steer clear of potential...more
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
Seyfarth Synopsis: This is the second in a series of posts that investigate trends in equal pay litigation resulting from the recent uptick in the number and quality of equal pay lawsuits. This post examines how courts are...more
Seyfarth Synopsis: On April 5, 2021, in Abe v. Virginia Department of Environmental Quality, the U.S. District Court for the Eastern District of Virginia held that Fourth Circuit precedent supports the use of prior salary by...more
Employers operating, even on a limited basis, in Colorado should be aware of Colorado’s recent wage disparity and discrimination bill, which takes effect in 2021 and imposes widespread requirements related to record-keeping,...more
Almost thirty years ago, Maryland’s General Assembly passed the Equal Pay for Equal Work Act (Act), imposing an obligation on Maryland employers to pay employees equal amounts for the same work, regardless of the employee’s...more
In 2019, Colorado enacted the Equal Pay for Equal Work Act to go into effect on January 1, 2021. The Equal Pay Act protects against pay discrimination on the basis of sex (or sex in combination with another protected status),...more
Colorado employers should be preparing for a big change that will impact your workplaces, as Colorado’s Equal Pay for Equal Work Act becomes effective on January 1, 2021. With the effective date fast approaching, you must use...more
In recent years, wage discrimination has been a hot topic and with it, the question of whether employers may rely on a worker’s salary history to justify a pay disparity between male and female employees. In a 2018 case...more
The Supreme Court declined to review a Ninth Circuit decision that would have answered a question currently splitting the circuits: may an employer consider employees’ salary histories in setting their current pay without...more
On Thursday, the Supreme Court of the United States (SCOTUS) ducked. The Court refused to hear the case of Yovino v. Rizo (Docket # 19-1176). This case raised the question of whether the Equal Pay Act (EPA) made it unlawful...more
The State of New Jersey’s Division on Civil Rights (“DCR”) recently issued new Guidance on the Diane B. Allen Equal Pay Act (“EPA”). ...more
Seyfarth Synopsis: On Equal Pay Day 2020, Seyfarth’s Pay Equity Group is pleased to release two reference guides: its Fourth Annual 50-State Pay Equity Desktop Reference and 2020 Developments in Pay Litigation Report. ...more
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
On February 27, 2020, the 9th Circuit ruled in Rizo v. Yovino that prior salary, whether alone or in combination with other factors, is not a defense to a claim of pay discrimination under the federal Equal Pay Act (EPA). ...more