New York

Legislative Update: States Continue to Update and Refine Their Pay Equity Laws

2019 is not even two months old and already there are significant developments in equal pay legislation. As we explained recently, there is proposed federal legislation that reignites the battle to pass the “Paycheck Fairness Act.” And now states are getting in on the action with a flurry of legislative activity around pay equity issues – particularly among legislatures that saw a change in party control as a result of the November elections. In fact, a number of states have introduced a variety of pay equity proposals, making clear that salary history bans and wage discussion protections are here to stay. Proposed new legislation also looks to refine the bona fide factors that employers may consider in setting pay, as well as remedies available under the pay laws. READ MORE

Updated Maps: States With Equal Pay Protections and Pending Equal Pay Legislation

As we noted in a previous post, Maryland Governor Larry Hogan signed the Equal Pay for Equal Work Act of 2016 (“Equal Pay Act”) into law on May 19, 2016 (effective on October 1, 2016). With the passage of this new law, Maryland joins New York and California in the category of states with some of the country’s most expansive equal pay protections. Included below are our updated maps of states with equal pay protections and  of states with equal pay protections and states with pending equal pay legislation.

READ MORE

DOL and EEOC to Make 2016 A Challenging Year for Employers

Members of the Fair Labor Standards Legislation Committee of the American Bar Association’s Section of Labor and Employment Law recently met.  The meeting includes employer and employee advocates, as well as government officials.  The meeting often highlights not only the present status of regulations, policy and pending litigation but also provides a window into coming trends that may be important for employers.  We highlight a few takeaways.

READ MORE

Latest California Equal Pay Legislation Targets Race and Ethnicity

As California employers adjust to recent amendments to the state’s Equal Pay Act, additional changes are looming.  As we reported here, last year, California adopted the Fair Pay Act, which provides new pay equity provisions related to employees of the opposite sex.  Those amendments took effect on January 1, 2016.  Now, California lawmakers are setting their sights on pay disparities based on race and ethnicity.  On February 16, 2016, California Senator Isadore Hall III (D-South Bay) introduced Senate Bill 1063, known as the Wage Equality Act of 2016 (“SB 1063”), which seeks to expand pay equity requirements beyond sex to include race and ethnicity.

READ MORE

Cross-Border Trends: UK to Follow US Attack on the Gender Pay Gap

Following months of waiting the UK Government has finally published its draft regulations on the new “gender pay gap reporting” requirements in the UK. On publication of the draft regulations, the UK Government has asked one final consultation question: “What, if any, modifications should be made to these draft regulations?” – And so it would appear that the draft regulations are nearing but possibly not quite in final form, pending any pertinent responses received.

READ MORE

New Year, New Laws: A Summary of Hot Button Employment Laws to Hit the Books in 2016

From coast to coast, as the calendar turned to 2016, a host of new employment laws became effective.  States and local government are imposing broad obligations on employers well above what federal law requires.  This patchwork of legal requirements will continue to bedevil employers.  As you begin implementing your resolutions for 2016, here’s our take on the major changes that went into effect across the nation last week:

READ MORE

New York State Expands Equal Pay Law and Other Workplace Protections for Women

On October 21, 2015, New York State Governor Andrew Cuomo signed a group of eight bills, referred to as the Women’s Equality Agenda, which expand protections for women in the workplace and elsewhere in New York State.  The changes that will affect New York employers include an expansion of the existing State equal pay law, the addition of familial status as a protected category and the express requirement that employers reasonably accommodate pregnancy-related conditions.

READ MORE