Iceland Moves to Freeze Out Wage Discrimination

On January 1, 2018, Iceland’s amended Equal Pay Standard took effect, the latest in a serious of measures seeking to address the persistence of national gender wage gaps. The law requires employers with 25 or more employees to obtain a government certification every three years verifying a company’s compliance with equal pay requirements. Failure to attain certification exposes employers to liability of up to nearly $500 in penalties per day. Employers with an observed pay differential can comply by raising the salaries of employees to eliminate the differential. READ MORE

Salary History – To Ask or Not to Ask in Germany?

There is a trend of regulations being put into place prohibiting prospective employers from asking questions about an applicant’s recent or current compensation. “What’s your salary?” has become a no-no in job interviews in several states (including Philadelphia, Massachusetts, Delaware and Oregon). New York City passed legislation in April 2017. California’s Governor just signed a new law making prior salaries a thing of the past. San Francisco has become the latest city to prohibit employers from asking job applicants to disclose their salary history effective July 1, 2018. READ MORE

Mum’s the Word: California Joins the Growing List of Jurisdictions to Restrict Reliance on Prior Salary

California continues to pace the nation in terms of equal pay protections, most recently through Governor Jerry Brown’s signing of Assembly Bill 168 on October 12, 2017.  Effective January 1, 2018, California’s new law prohibits employers from asking job candidates about their prior salary, although it allows employers to consider prior salary information if a job candidate voluntarily discloses it.   California’s law further contains an unprecedented provision that requires employers to disclose to job candidates the “pay scale” for the position at issue if the job candidate requests it.  Governor Brown also signed Assembly Bill 46, which clarifies that the state’s equal pay laws apply to both private and public employers. READ MORE

California Takes One Step Closer to Imposing Reporting Requirements and Public Shaming for Employer Pay Gaps

When we last checked in on AB 1209, the Gender Pay Gap Transparency Act, the proposed legislation was making its way through the California Senate. After making a few key amendments, the Senate passed the bill on September 7, 2017. The California Assembly approved the amendments on September 11, 2017, and now the fate of AB 1209 lies in the hands Governor Jerry Brown. READ MORE

San Francisco Adopts “Parity In Pay” Ordinance And Becomes The Latest City To Ban Employers From Asking About Prior Pay

San Francisco has become the latest city, along with a handful of states, to prohibit both private and public employers from asking job applicants to disclose their salary history.  The “Parity in Pay Ordinance” will take effect July 1, 2018, giving employers a little under a year to make any necessary changes to come into compliance.  The complete text of the ordinance, which will be enforced by the San Francisco Office of Labor Standards Enforcement (“OLSE”) is available here.

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California Legislature Draws Inspiration from UK Pay Gap Reporting Requirements with New Bill

The California legislature is poised to continue its trailblazing streak of equal pay legislation with a new pay gap reporting bill. If approved and signed by Governor Jerry Brown, AB 1209 would add Section 2810.7 to the California Labor Code and require certain large employers to report pay gap statistics on an annual basis beginning in 2019. READ MORE

The New German Pay Transparency Act – Are You Ready?

Female hands counting large amount of euro currency cash banknotes, top view above office desk The New German Pay Transparency Act – Are You Ready?

On July 6, 2017, the Pay Transparency Act (Entgelttransparenzgesetz – EntgTranspG) came into force aiming to tackle the gender pay gap – which is suspected to range somewhere between 7 and 22 % in Germany. The Act mainly provides for information rights of employees and for the implementation of review and reporting procedures in companies.

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The Pay Equity Plot Thickens: Unique Aspects of Newly Adopted Oregon Equal Pay Act Warrant Special Attention

On June 1, 2017, Oregon Governor Kate Brown signed into law the Oregon Equal Pay Act of 2017 (House Bill 2005). Although pay equity legislation has been proposed or passed in a number of jurisdictions throughout the country, Oregon’s new law merits special attention.  The obligations it imposes on employers seeking to justify pay differentials are arguably among the strictest in the nation, but it also affords employers some key protections and potential safe harbors.  Given the focus by government agencies and plaintiffs’ attorneys on pay equity in the technology sector out West, companies seeking to maintain or expand in the so-called “Silicon Forest” should pay special attention to the provisions of this new law.

We took a deep dive into the background and history of the legislation, and share some key observations about what it says—and doesn’t say—here. READ MORE

One is the Loneliest Number: President Proposes Merging OFCCP Into EEOC

The President released his budget which includes separate proposals for various government agencies.  The budget proposal for the Office of Federal Contract Compliance Programs (OFCCP), which oversees affirmative action and non-discrimination requirements for federal contractors, includes a plan for the government to fold the agency into the Equal Employment Opportunity Commission (EEOC).  The proposal tasks OFCCP with working collaboratively to develop and implement a plan to complete the merger by September 30, 2018.  The proposal touts increased efficiencies in the form of consolidated government EEO oversight and enforcement “under one roof.”  Perhaps to facilitate this move to a common agency, the administration has proposed slashing OFCCP’s budget by over $17 million to $88 million for FY 2018 and reducing staff by 131 positions.  This would be accomplished by closing field office locations and other cost savings measures.

The proposed merger raises many questions including: READ MORE