Tag Archives: pay equity

Colorado Joins Wave of States to Offer Heightened Employee Protections

Colorado has joined a growing movement of states in passing laws that provide greater protections to employees and job applicants. Among these are the Equal Pay for Equal Work Act and a ban the box law, which limits criminal history inquiries for job applicants. The following is a breakdown of Colorado’s newest employment laws and how their implementation may impact employers and employees alike.

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Salary History Is Not a Defense to Equal Pay Claims in The Ninth Circuit

Our colleagues , at Epstein Becker Green, have a post on the Hospitality Employment and Labor blog that will be of interest to many of our readers in the retail industry: “Ninth Circuit’s Decision Holds That Salary History Is Not a Defense to Equal Pay Claims.”

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Ninth Circuit’s Decision Holds That Salary History Is Not a Defense to Equal Pay Claims

The federal Equal Pay Act (“EPA”) mandates equal pay for equal work regardless of sex.  Employers that pay men and women different wages for the same work are strictly liable for violations of the EPA unless they can show that one or more of four exceptions apply to explain the wage disparity. The four statutory exceptions are seniority, merit, the quantity or quality of the employee’s work, or “any other factor other than sex.”  The Ninth Circuit recently took up the question of the meaning of the fourth, catchall exception – “any factor other than sex” – in order to consider whether an employer may rely, in whole or in part, on an employee’s prior salary as a basis for explaining a pay differential in Aileen Rizo v. Jim Yovino.

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Where Federal Expectations Are Low Governor Cuomo Introduces Employee Protective Mandates in New York

Earlier this week New York Governor Andrew D. Cuomo (D) signed two executive orders and announced a series of legislative proposals specifically aimed at eliminating the wage gap in gender, among other workers and strengthening equal pay protection in New York State. The Governor’s actions are seen by many as an alternative to employer-focused federal policies anticipated once President-elect Donald J. Trump (R) takes office.

Legislative Proposals

According to the Governor’s Press Release, the Governor will seek to amend State law to hold the top 10 members of out-of-state limited liability companies (“LLC”) personally financially liable for unsatisfied judgments for unpaid wages. This law already exists with respect to in-state and out-of-state corporations, as well as in-state LLCs. The Governor is also seeking to empower the Labor Commissioner to pursue judgments against the top 10 owners of any corporations or domestic or foreign LLCs for wage liabilities on behalf of workers with unpaid wage claims.

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ILN Today Post

Why PR professionals need to grasp the potential liability for pay equity claims

Pay equity is not just an important topic in the upcoming presidential election. It is also the subject of new regulation. Last week, the U.S. Equal Employment Opportunity Com- mission said that starting in March 2018, it will collect summary employee salary and incentive compensation data for all employers who employ more than 100 staffers. Companies with fewer than 100 employees will also be required to submit this data if they are federal contractors or subcontractors.
According to the EEOC, this data will “improve investigations of possible pay discrimination which remains a contributing factor to the persistent wage gap” between men and women in similar posi- tions.The EEOC also announced it will use this pay data to assess complaint of discrimination, focus agency investigations, identify existing pay disparities, and will not disclose data for a speci c employer. Instead, it will only publish larger aggregated data that “fully protects employer con dentiality and employee privacy.”
More information about the revised EEO-1 report, including the new Fact Sheet for Small Business form, and a question and an- swer document are available on EEOC’s website. Even before the EEOC begins collecting this data, a number of leading compa- nies (including Amazon, American Airlines, Johnson & Johnson, and PepsiCo) have voluntarily signed the White House’ Equal Pay Pledge, by which employers agree to review their pay statics annu- ally in an effort to reduce the gender pay gap.

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ILN Today Post

Massachusetts enacts “An Act to Establish Pay Equity”

On August 1, 2016, Massachusetts Governor Charlie Baker signed into law a bill amending the Commonwealth’s Equal Pay Act. The purpose of the new law is to ensure that all workers in Massachusetts are paid equally for comparable work performed and to provide the opportunity to earn competitive salaries in the workplace.  This new law imposes strict equal pay obligations on employers and limits certain information employers can request regarding the salary history of job applicants.  Below is a summary of the new law and recommended steps for employers.

SUMMARY OF MASSACHUSETTS EQUAL PAY ACT

The law requires employers to pay men and women equally when their work is “comparable,” (i.e., when the work is “substantially similar” in skill, effort, responsibility, and working conditions). Employers must post about an employee’s rights under the law.
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