Pay Equity Advisor Blog

A source of insights, news and strategy on pay equity matters

Colorado legislators are only a few steps away from approving the Colorado “Equal Pay for Equal Work Act” (SB 19-085) and making Colorado the latest state to enact enhanced equal pay legislation. Colorado’s 2019 Equal Pay Law, as originally introduced in January, would likely have been the most aggressive equal pay law in the nation. While the current bill would still be among the most stringent, hearings held on the law in February resulted in…
It appears employers will need to wait a bit longer to learn when they will be required to file their EEO-1 pay data. In an order filed April 11, Judge Tanya S. Chutkan set a hearing for 2:00 p.m. Eastern on April 16, 2019 for the parties to present their cases regarding the government’s compliance with her order to reinstate the EEO-1 pay data reporting obligation. Please find the rest of this article on our Affirmative Action &…
In a status update filed April 3, 2019, the government informed the court that EEOC could complete collection of the required EEO-1 Component 2 pay data by September 30, 2019, but only if it utilized a third party data collector to do so. The update was filed in response to Judge Tanya S. Chutkan’s request that the government provide the court with its plan to comply with her March 4, 2019 ruling that over-turned the stay on the pay data…
Democrats in the U.S. House of Representatives continue to call for stronger protections to combat wage inequality. By a vote of 242-187, the House recently passed the Paycheck Fairness Act to enhance the federal protections guaranteed under the EPA. Currently, to defend against an EPA claim, an employer can assert any of four defenses to justify paying men and women differently for the same work. Employers can pay workers at different rates if the wage…
On April 2, Equal Pay Day, Maine’s House and Senate passed a bill prohibiting employers from asking about a potential worker’s wage history before making a job offer. L.D. 278 passed the Maine House by a vote of 86-54 after clearing the Maine Senate by a vote of 22-11 earlier in the day. If Governor Janet Mills, a Democrat, signs the bill into law, it will go into effect immediately, and Maine will become the…
The U.S. District Court hearing the EEO-1 pay data reporting case has ordered EEOC to inform employers by April 3, 2019, whether they will be required to provide pay and hours worked data for the 2018 EEO-1 reporting cycle. The current deadline for 2018 EEO-1 reporting is May 31, 2019. As we reported on March 5, 2019, the U.S. District Court for the District of Columbia vacated the Office of Management and Budget’s (OMB) stay…
The Jackson Lewis Pay Equity Resource Group is pleased to announce a special series to help employers prepare for Equal Pay Day. “Rethinking Pay Equity” will take a look at several of the biggest questions facing employers in the ever-evolving #equalpay landscape, including: How can prior salary information perpetuate the persistent pay gap, and how should we measure and address the impact of years-long reliance on such information in the hiring process? What data should…
Once again, the Illinois Legislature is working to pass more aggressive equal pay laws. HB 834 includes not only a pay history ban, but also additional amendments to strengthen pay equity protections and pay transparency provisions. Pay History In 2017, and at the end of 2018, former Illinois Governor Bruce Rauner vetoed attempts to prohibit private employers from requesting applicants’ previous pay history. Having gained control of the governorship and commanding advantages in the Illinois…
A U.S. District Judge for the District of Columbia vacated the Office of Management and Budget’s (OMB) stay of the Equal Employment Opportunity Commission’s (EEOC) revised EEO-1 form and the September 15, 2017, Federal Register Notice implementing the stay (Staying the Effectiveness of the EEO-1 Pay Data Collection, 82 Fed. Reg. 43362). Nat’l Women’s Law Ctr. et al. v. OMB et al., No. 17-2458 (D.D.C. Mar. 4, 2019). The court immediately restored the prior directives…
Because the judge who authored the ruling died before the decision was issued, the Ninth Circuit erred in counting him as a member of the majority, the U.S. Supreme Court ruled in Yovino v. Rizo, No. 18-272 (Feb. 25, 2019). On this technicality, the Supreme Court vacated the Ninth Circuit ruling that prior salary alone or in combination with other factors cannot justify a wage differential between male and female employees under the Equal Pay…