Pay Equity Advisor Blog

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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…
Colorado’s Equal Pay for Equal Work Act (SB 19-085), originally introduced on January 17, received its first hearing in the Senate Judiciary Committee on February 20, 2019. Hearings lasted for over four hours and included passionate testimony from members of the civil rights and business communities. After the dust had settled, the Committee adopted a number of employer-friendly changes to the law, including: Adding consideration of shift differential to the definition of…
The Diane B. Allen Equal Pay Act (NJEPA) does not apply retroactively to conduct occurring before its effective date, July 1, 2018, a federal district court has ruled. Perrotto v. Morgan Advanced Materials, 2:18-cv-13825-WJM-MF (D. N.J. Jan. 14, 2019). The court granted the employer’s motion to dismiss. The NJEPA provides enhanced equal pay protections for New Jersey employees. It is considered one of the most expansive and aggressive pay equity bills enacted to date, providing a…
First introduced in Congress in 1997, and several times since, the Paycheck Fairness Act is again under consideration by Congress (S. 270/H.R. 7). If enacted, the bill would attempt to close the gender pay gap by: Implementing a wage history ban With limited exceptions, employers would be prohibited from requesting or relying on the wage history of a prospective employee. Limiting employers’ defenses against a claim of unequal pay To defend a claim, an employer…
Bipartisan bills introduced in both houses of the South Carolina General Assembly propose allowing workers and job applicants to bring suit against employers for pay inequality and wage secrecy. The Act to Establish Pay Equity, introduced as Senate Bill 372 along with its similar companion in the House, would expand employees’ and applicants’ rights regarding pay disparity, wage transparency, and prohibit reliance on prior pay in determining an applicant’s job offer. The federal Equal…
On January 17, 2019, Colorado Senate Democrats introduced the “Equal Pay for Equal Work Act” (SB 19-085) to prohibit a wage differential based on an employee’s sex. The bill also contains a salary history ban and pay transparency requirements. If passed, this would be among the most aggressive equal pay laws in the nation. Key provisions of SB 19-085 include: Removing enforcement authority from the Colorado Department of Labor and Employment and allowing…