News & Analysis as of

Salary/Wage History Equal Pay Act Job Applicants

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

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

Butler Snow LLP

Being Clear on New Laws Regarding Pay Transparency

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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

Sheppard Mullin Richter & Hampton LLP

What Employers Need to Know About Colorado’s New Equal Pay Act

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

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

Epstein Becker & Green

U.S. Supreme Court Lets Stand Ninth Circuit Ban on ‘Salary History’ Defense to an Equal Pay Act Claim

Epstein Becker & Green on

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

Seyfarth Shaw LLP

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

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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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Second Verse, Same as the First: Ninth Circuit Reiterates That Salary History Does Not Justify Pay Differences Under the Equal Pay...

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

Davis Wright Tremaine LLP

9th Circuit Says Prior Salary Cannot Justify Pay Disparities Under the Federal Equal Pay Act

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

Payne & Fears

Ninth Circuit Confirms (Again): Employers Cannot Rely on Prior Pay to Justify Gender Pay Disparities

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In April 2018, the Ninth Circuit held that employers cannot consider pre-employment salary history, even in combination with other factors, to justify gender pay disparities. See Rizo v. Yovino, 887 F.3d 453 (9th Cir. 2018)...more

DirectEmployers Association

OFCCP Week In Review: March 2020

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Fisher Phillips

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

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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

Jackson Lewis P.C.

Illinois Equal Pay Act Mandates To Take Effect September 29

Jackson Lewis P.C. on

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...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

Husch Blackwell LLP

Illinois Amends Equal Pay Act And Adds Ban On Pay History Inquiries

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Key Points: Illinois amended the Equal Pay Act to protect job applicants by banning inquiries into salary and wage history information. The Act also protects employees’ rights to disclose, and otherwise exercise their...more

Benesch

Salary History Bans and the Illinois Amended Equal Pay Act: What Employers Need to Know Now

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The amendments to the Act prohibit Illinois employers and employment agencies from asking job applicants or their prior employers about an applicant’s salary history. The amendments are effective as of September 29, 2019....more

Polsinelli

Illinois Amends Equal Pay Act to Prohibit Questions About Salary History

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Recently, Illinois amended its Equal Pay Act to include a ban on salary-history inquiries, with the stated goal of reducing gender pay inequities.  Specifically, the amendments prohibit employers from asking questions...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Illinois Governor Signs Changes to State Equal Pay Act Including Salary History Ban

As we previously reported, the Illinois legislature passed House Bill 834 and Governor J. B. Pritzker signed the bill into law. It will become effective September 29, 2019. The new law prohibits employers from requesting or...more

Vedder Price

Illinois Amends Equal Pay Act – What Employers Need to Know

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On July 31, 2019, Governor Pritzker signed into law Public Act 101-0177, which, for the second time this year, amends the Illinois Equal Pay Act of 2003 (“IEPA”).1 The most recent amendments are consistent with trends seen in...more

Jackson Lewis P.C.

New Jersey Passes New Salary History Ban

Jackson Lewis P.C. on

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...more

Faegre Drinker Biddle & Reath LLP

Don't Show Me the Money: Illinois Employers Soon Can't Request or Consider Wage History in Hiring

Illinois employers will have new restrictions on asking applicants about salary history or relying on that information in the hiring process following a recently signed amendment to the Illinois Equal Pay Act of 2003 (the...more

Amundsen Davis LLC

Following A National Trend, Illinois’ Equal Pay Act Now Bars Employers From Asking Job Applicants About Their Salary History

Amundsen Davis LLC on

With much fanfare, Illinois Governor J.B. Pritzker signed into law major amendments to the Illinois Equal Pay Act (IEPA) that now bar Illinois employers from asking job applicants or their prior employers about salary, wages...more

Holland & Knight LLP

Illinois Equal Pay Act Amendment Prohibits Employers from Asking About Compensation History

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• A recent amendment to the Illinois Equal Pay Act generally prohibits employers inquiring about a job applicant's compensation history. • There are severe penalties for violations of the amendment. • By Sept. 29, 2019,...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

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