News & Analysis as of

Salary/Wage History Equal Pay Act Employment Discrimination

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

Poyner Spruill LLP

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

Poyner Spruill LLP on

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

Nilan Johnson Lewis PA

Recruiting Under the Equal Pay Act: Top 5 Mistakes Made During the Hiring Process

Nilan Johnson Lewis PA on

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

PilieroMazza PLLC

Hiring? Recent Amendments to Equal Pay for Equal Work Act Impose New Limits on Employers

PilieroMazza PLLC on

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

Seyfarth Shaw LLP

Equal Pay Day 2020: Seyfarth’s Release of Equal Pay Resources

Seyfarth Shaw LLP on

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

Fisher Phillips

Employers Can’t Use Pay History To Escape Equal Pay Claims, Says 9th Circuit

Fisher Phillips on

Employers are not permitted to justify disparity in pay based on prior pay history, the 9th Circuit Court of Appeals just ruled, eliminating a defense to pay equity claims for businesses across the west coast. Although the...more

Akin Gump Strauss Hauer & Feld LLP

New York Enacts Various New Employment Laws

• The New York State Equal Pay Act (EPA) now will apply to all protected categories (including race, national origin, religion, etc.) rather than just gender, dramatically expanding the reach of the statute. • New York...more

Sheppard Mullin Richter & Hampton LLP

Salary History Off-Limits Under New Illinois Equal Pay Law

On July 31, 2019, Governor J.B. Pritzker signed a law prohibiting Illinois employers from asking job applicants or their previous employers about salary history. The law amends the Equal Pay Act of 2003, which made it...more

Ballard Spahr LLP

New York Expands Salary Protections for Employees

Ballard Spahr LLP on

New York Governor Andrew Cuomo signed two bills into law yesterday, amending Labor Law §194, to address the much-discussed "wage gap." New York previously barred pay differences based on gender, but the law signed...more

Franczek P.C.

Illinois Poised to Ban Salary History Inquiries

Franczek P.C. on

Among the bills awaiting signature by Illinois Governor J.B. Pritzker is an amendment to the Illinois Equal Pay Act of 2003 that would ban employers from asking job applicants for information about their wage, salary or...more

Proskauer - Law and the Workplace

[Podcast]: The Employment Law Landscape in 2019

In this episode of The Proskauer Brief, partner Evandro Gigante and associate Arielle Kobetz discuss the labor and employment landscape in 2019, including some significant laws set to go into effect this year, as well as...more

Orrick, Herrington & Sutcliffe LLP

Business Groups Urge U.S. Supreme Court To Review Ninth Circuit Decision Rejecting Use Of Prior Salary To Set Pay

In the wake of the Ninth Circuit’s decision in Rizo v. Yovino, key employer-side groups have expressed support for U.S. Supreme Court review to determine whether employers who rely on prior salary to set starting pay can...more

Seyfarth Shaw LLP

California Attempts To Clarify Salary History Ban Legislation

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California Governor Brown signed into law yesterday Assembly Bill No. 2282 to clarify previously passed legislation that prohibits inquiries into an applicant’s salary history....more

Spilman Thomas & Battle, PLLC

SuperVision - Labor & Employment Law Insights - Issue 2, June 2018

...In this issue, Mitch Rhein examines the Supreme Court decision permitting class action waivers, Spencer Cook looks at a recent decision that warns employers to be careful about asking for past pay rates, Chelsea Thompson...more

Perkins Coie

New Washington Laws on Equal Pay and Sexual Harassment NDAs Become Effective in June

Perkins Coie on

Washington’s Amended Equal Pay Act - The Washington Equal Pay Opportunity Act will go into effect on June 7, 2018. House Bill 1506, signed by Governor Jay Inslee on March 21, 2018, amends the Washington Equal Pay Act, RCW...more

White and Williams LLP

Countdown to the Massachusetts Equal Pay Act: Will You Be In a Safe Harbor or Rough Waters Come July 1?

On July 1, 2018, the Massachusetts Equal Pay Act (MEPA) will take effect. MEPA updates and replaces the Massachusetts Pay Equity Act, M.G.L. c. 149, § 105A, which prohibited discrimination on the basis of sex in the payment...more

Fisher Phillips

Proposed Bill Seeks to Clarify California’s Ban on Salary History Information

Fisher Phillips on

As we previously discussed in this blog, last year Governor Jerry Brown signed legislation to prevent employers from asking about salary history information.  That legislation, Assembly Bill 168 (Eggman), went into effect on...more

Davis Wright Tremaine LLP

California Pay Equity Update: Employers Cannot Ask for Prior Salary

On October 12, 2017, Governor Brown signed into law AB 168, which makes it illegal for employers to ask for or rely upon a candidate’s salary history—both compensation and benefits—in determining whether to offer employment,...more

McGuireWoods LLP

Calif. Adopts New Salary History, Pay Scale Requirements

McGuireWoods LLP on

On Oct. 12, 2017, California Gov. Jerry Brown signed a new law that restricts employers’ use of applicants’ salary history during the hiring process. This law will also require employers to provide the applicable pay scale to...more

K&L Gates LLP

Recent Deluge of California Legislation Imposes New Requirements on Employers

K&L Gates LLP on

October 15th marked the deadline for Governor Jerry Brown to sign the numerous employment-related bills proposed during the California State Legislature’s 2017 legislative session. While many bills did not make the final cut,...more

Orrick - Employment Law and Litigation

California Waves Goodbye to Salary History

On October 12, 2017, California joined a growing trend of jurisdictions attempting to address pay disparities by enacting a law that bans employers from seeking salary history information, including compensation and benefit...more

BakerHostetler

New California Law Prohibits Asking Job Applicants About Their Salary History

BakerHostetler on

A new California law (AB 168) was signed by Governor Jerry Brown on October 12, 2017 that prohibits employers from inquiring about the salary histories of its job applicants. AB 168, which takes effect on January 1, 2018, and...more

Faegre Drinker Biddle & Reath LLP

New California Law Prohibits Employers From Asking Applicants About Salary History

Beginning January 1, 2018, California employers will no longer be able to ask job applicants about their salary history. California joins a small but growing group of states and cities that have enacted similar measures,...more

Payne & Fears

California Employers Prohibited from Seeking Applicant Salary Information

Payne & Fears on

Assembly Bill 168 amends the California Equal Pay Act to prohibit an employer from relying on the salary history information of an applicant for employment as a factor in determining whether to make an offer or what salary to...more

Weintraub Tobin

No More Questions About, Or Use Of, Prior Salary Information In Employment

Weintraub Tobin on

On October 12, 2017, Governor Brown signed Assembly Bill 168. Consistent with some other state laws and local ordinances passed by certain municipalities like San Francisco, the new law prohibits the inquiry and use of prior...more

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