On January 11, 2017, the German Federal Cabinet has adopted the Equal Pay Act (Entgelttransparenzgesetz) submitted by the German Federal Ministry for Family Affairs, Senior Citizens, Women and Youth.
As we reported, the requirements of the Equal Pay Act as now adopted have been lessened in comparison with the preliminary ministerial draft we initially reported on, in accordance with the agreement found by the coalition committee of the German government parties.
Still, the Federal Minister for Family Affairs, Senior Citizens, Women and Youth declared the adoption of the Equal Pay Act an important breakthrough for a fair payment of women. She announced that the individual right to information, the reporting obligation and review procedure can be expected to change corporate culture in Germany.
December 19, 2016
8:30 – 9:30 am PT
11:30 am – 12:30 pm ET
4:30 -5:30 pm GMT
The final UK Mandatory Gender Pay Gap Regulations have been published and are due to be implemented on 6 April 2017 for all companies with more than 250 employees in the U.K. April 2017 is the same month in which you have to capture your data in order to publish your pay gap information in time for the deadline of April 2018 – so the time to take action has now arrived.
In Germany, equal pay legislation is expected to come into force in summer 2017 and will provide for information rights of employees and works councils, as well as, for investigation processes and reporting obligations of employers.
This webinar focuses on the requirements of the U.K. final regulations, preparing your ‘data snapshot’ and what the requirements are for publication. We will also discuss the evolving landscape of sanctions and whether a failure to publish might lead to enforcement action from the Equalities and Human Rights Commission. Recent Equal pay developments in the US and throughout the EU will also be addressed.
Via Webinar – connection details provided upon registration
MCLE credit will be given for this program.
In February this year, draft gender pay gap reporting regulations were published and comments were invited. There then followed an extended period while we waited for the final regulations to be published and the (many) consultation questions to be addressed. One could speculate about the chaos caused by Brexit [in Parliament] that caused this extended waiting period, but we won’t. The main thing is that the final regulations are at last here and (subject to parliamentary approval) will come into force on April 6, 2017. READ MORE
As predictions abound regarding what a Trump presidency will mean for employers, including which laws and regulations might be amended, scaled back, or repealed all together, the issue of pay equity is likely here to stay. Over the past year, numerous states – including several with Republican governors – have enacted aggressive equal pay legislation, following California’s lead in 2015. Additionally, activist shareholder groups continue to exert pressure by filing proposals that, if passed, require companies to disclose publicly the percentage “pay gap” between male and female employees, and planned steps to address it. And while pay equity is not at the top of Trump’s political agenda, his daughter Ivanka has been an equal pay advocate, perhaps signaling that the EEOC’s final rule requiring employers with more than 100 employees to report W-2 pay data to the federal government through new EEO-1 reporting requirements may not be on the Trump chopping block. Accordingly, smart employers will stay the course on equal pay, including by following these recommendations:
On October 6, 2016, the coalition committee of the German government parties agreed on the planned Equal Pay Act (Entgeltgleichheitsgesetz). We described the first draft of the Equal Pay Act submitted by the German Federal Ministry for Family Affairs, Senior Citizens, Women and Youth in our blog post earlier this year.
Just less than a year ago, California adopted the Fair Pay Act (“FPA”), which took effect on January 1, 2016 and created some of the strongest equal pay protections in the nation. On September 30, 2016, Governor Jerry Brown signed two bills that expand the law even further.
Yesterday, the EEOC announced that it had finalized a regulation that will increase disclosure requirements regarding employee compensation for thousands of businesses. The new rule, which we’ve blogged about previously, requires all businesses with 100 or more workers to submit pay data by gender, race and ethnicity on their EEO-1 forms. Specifically, employers will now need to provide:
The Government Accounting Office recently released a report on the DOL’s Office of Federal Contract Compliance Programs (OFCCP). The report notes several concerns related to the Agency’s contractor selection process, investigator training and compliance assistance efforts. Further, the report details many of the concerns voiced by contractors regarding inconsistency in investigations and contractors’ overall distrust of the Agency in compliance assistance efforts. OFCCP received a draft of the report and, in its response to the draft report, agreed with some of the recommendations related to changes in the selection process and better monitoring of contactors for AAP compliance. Further, the Agency noted its efforts to improve training and compliance assistance.
In an emerging trend, law firms have found themselves the targets of recent lawsuits alleging gender discrimination against female partners. Most recently, Kerrie Campbell, a litigation partner at Chadbourne & Parke’s Washington, D.C. office filed a $100 million proposed class action lawsuit on behalf of all female partners at the firm. She alleges that Chadbourne’s male-dominated culture leads to unequal compensation for women. The lawsuit, filed on August 31, 2016, in federal district court in New York, seeks relief under Title VII, the Federal Equal Pay Act, and the District of Columbia Human Rights Act.
New York City Public Advocate Letitia James has introduced before the New York City Council an amendment to the New York City Human Rights Law, which, if enacted, would prohibit employers from requesting or relying upon the salary history of an prospective employee in making starting salary and other pay decisions. In the bill summary, Public Advocate James and her co-sponsors conclude that when employers rely upon historical salary information, “they perpetuate the gender wage gap” and suggest that this legislation would “help break the cycle of gender pay inequity.” New York City’s proposed legislation follows closely on the heels of a wide-reaching pay equity statute recently enacted in Massachusetts that includes a prohibition on employers requesting or requiring applicants to provide their salary history.