For those larger Illinois employers who have not yet reported payroll and diversity data to the Illinois Department of Labor (the “IDOL”), now may be the time. The IDOL recently issued guidance to help employers navigate their reporting requirements (the “Guidance”).
UPDATE: Mayor Adams signed Int. 134 into law on May 12, 2022. It is currently effective.
On April 28, 2022, the New York City Council (the “Council”) passed Int. 134, an amendment to New York City’s Salary Transparency Law (the “Salary Transparency Law” or “STL”) that finalized a number of significant changes to its requirements. As we previously reported, the Council has been considering Int. 134 in various forms since March 24, 2022. The original version of Int. 134, which provided more significant protections for employers, failed to gain traction. Following discussions with pay equity advocates and the small business community, Int. 134’s sponsors announced modifications to Int. 134 designed to represent a compromise proposal. That version of Int. 134 passed, and will be effective immediately if signed by Mayor Eric Adams.
Continue Reading UPDATED: New York City Council Approves Amendments to Salary Transparency Law; New Date for Compliance Now November 1, Among Other Changes
On March 22, 2022, the New York City Commission on Human Rights (the “Commission”) issued its first round of guidance regarding the salary transparency law (the “Salary Transparency Law” or “STL”) currently scheduled to take effect on May 15, 2022. As we previously reported, the Law will amend the New York City Human Rights Law (“NYCHRL”) to require all New York City employers to state the minimum and maximum salary associated with an advertised internal or external “job, promotion, or transfer opportunity.”…
Continue Reading New York City Issues First Round of Guidance Regarding Salary Transparency Law
On March 24, 2022, New York City Council members Nantasha M. Williams and Justin L. Brannan introduced Int. 134, a bill that would alter New York City’s impending pay transparency law. As we previously reported, beginning on May 15, 2022, all New York City employers must state the minimum and maximum salary associated with an advertised “job, promotion, or transfer opportunity,” both internally and externally (the “NYC Pay Transparency Law” or the “Law”). Int. 134 proposes certain alterations and clarifications to the NYC Pay Transparency Law that may affect employers’ compliance measures. …
Continue Reading New York City Council Proposes Amendment to Pay Transparency Law
On December 15, 2021, the New York City Council passed Int. 1208-2018 (“Int. 1208-2018”), a pay transparency bill with significant implications for employers in New York City. Mayor Eric Adams subsequently took no action with respect to Int. 1208-2018 after its passage, and the bill accordingly became law on January 15, 2022. Int. 1208-2018 takes effect on May 15, 2022.
Continue Reading New York City Employers Must Include Salary Ranges in Job Postings Beginning May 15, 2022
Illinois’s Governor J.B. Pritzker recently signed Senate Bill 1480 into law, establishing new employer certification and reporting requirements, making sweeping changes to Illinois’s anti-retaliation law, and curtailing employers’ uses of criminal convictions in employment decisions. Effective immediately upon signing on March 23, 2021, the law impacts all employers doing business in Illinois. A summary of the amendments to the Illinois Equal Pay Act, Illinois Business Corporation Act, and Illinois Human Rights Act are detailed below:…
Continue Reading Governor Signs Sweeping Changes to Illinois Employment Laws
Employers operating, even on a limited basis, in Colorado should be aware of Colorado’s recent wage disparity and discrimination bill, which takes effect in 2021 and imposes widespread requirements related to record-keeping, disclosure, and transparency.
In May of 2019, Colorado Governor Jared Polis signed the Equal Pay for Equal Work Act into law. The Act will go into effect on January 1, 2021. The Act was enacted to address pay disparities affecting women and minorities, and includes several provisions aimed at preventing wage discrimination, such as:…
Continue Reading What Employers Need to Know About Colorado’s New Equal Pay Act
On July 31, 2019, Governor J.B. Pritzker signed a law prohibiting Illinois employers from asking job applicants or their previous employers about salary history.
The law amends the Equal Pay Act of 2003, which made it illegal to discriminatorily pay employees on the basis of sex or race. The impetus behind the new salary history amendment is an effort to close the gender wage gap. According to a news release from the governor’s office, women in Illinois earn 79% of what men earn.
Continue Reading Salary History Off-Limits Under New Illinois Equal Pay Law
Enacted in 1963, the Equal Pay Act prohibits differential payments between male and female employees doing equal work except when made pursuant to a seniority system, a merit system, a system which measures earnings by quantity or quality of production, or a fourth, catch-all exception for “a differential based on any other factor other than sex.” 29 U.S.C. § 206(d)(1). These exceptions are affirmative defenses which the employer must plead and prove.
In Rizo v. Yovino, 2018 U.S. App. LEXIS 8882, an en banc panel of the Ninth Circuit considered whether an employee’s prior salary was a permissible “factor other than sex” under the Equal Pay Act. Prior Ninth Circuit precedent held that “the Equal Pay Act does not impose a strict prohibition against the use of prior salary.” Kouba v. Allstate Insurance Co., 691 F.2d 873, 878 (9th Cir. 1982). Under Kouba, employers were prohibited from using a factor which “causes a wage differential between male and female employees absent an acceptable business reason.” Id., at 876.
On April 9, 2018, a bare majority of the 11 judge en banc panel of the Ninth Circuit overruled Kouba and held that “a legitimate ‘factor other than sex’ must be job related and that prior salary cannot justify paying one gender less if equal work is performed.” Rizo v. Yovino, 2018 U.S. App. LEXIS 8882, at *15. Writing for the majority, the late Stephen Reinhardt announced a bright-line rule that “prior salary alone or in combination with other factors cannot justify a wage differential.” Id., at *5-6. Five judges concurred in the result, but disagreed with the majority’s holding that prior salary can never suffice to constitute a “factor other than sex” sufficient to justify a wage differential.
Continue Reading Ninth Circuit Holds Prior Salary Cannot Justify Wage Differences
The 2017 California Legislature adjourned on September 15, 2017, and resulted in more than 700 bills being sent to Governor Jerry Brown’s desk for approval. Although the deadline for the Governor to sign new bills into law does not officially expire until October 15, the Governor has already given his stamp of approval to a handful of new employment laws that will take effect on January 1, 2018, including one from the California Chamber of Commerce’s annual list of “Job Killers.” Below is a summary of the major bills recently signed into law.
Continue Reading 5 New Laws: California Governor Approves Employee-Friendly Laws
In our prior post, we reported that the New York City Council had approved an amendment to the New York City Human Rights Law (“NYCHRL”) prohibiting New York City employers from inquiring about a prospective employee’s salary history during the hiring process. At the time, it was awaiting Mayor de Blasio’s signature. On May 4, 2017, Mayor de Blasio signed the proposed amendment into law. It is now scheduled to take effect on October 31, 2017.
Continue Reading Update to NYC Salary History Inquiry Ban