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Colorado Expands Employer Job Posting Obligations: Promotional Opportunity Evolution

Employers across the country have grappled with the requirements of Colorado’s Equal Pay for Equal Work Act (EPEWA), since it went into effect on January 1, 2021. The act was the only one of its kind at the time, and has spawned similar legislative efforts around the country, including in California, New York, and Washington. Yet the Centennial State has stood alone in its requirement that employers notify their Colorado employees of “promotional opportunities” available to them, no matter where those opportunities exist in the organization or whether those employees might be qualified for or interested in such jobs.

Michael H. Bell Denver
Dallas Author

Rebecca M. Lindell Denver
Salt Lake City Author

Hawaii Legislature Passes Pay Transparency, Pay Discrimination Bill

On May 4, 2023, Hawaii lawmakers sent a bill to the governor that would require employers to disclose hourly pay rates or salaries in job listings and expand pay discrimination protections—which could make the Aloha State the latest state to enact a pay transparency law.

Kelly M. Cardin New York
Stamford Author

Nicole S. Mulé Stamford Author

Zachary V. Zagger New York Author

UK Government Issues Guidance on Ethnicity Pay Gap Reporting

The UK government recently published guidance for employers on pay gap reporting to address pay disparities between white employees and ethnic minority employees.

Daniella McGuigan London Author

European Parliament Endorses Proposed EU Pay Transparency Directive

On 30 March 2023, Members of the European Parliament voted to endorse an amended version of new European Union (EU) Pay Transparency Directive first proposed in 2021. The proposal sets out significant increases to employers’ pay transparency obligations in EU jurisdictions.

Daniella McGuigan London Author

Recent and Upcoming Changes Affecting Federally Regulated Employers

Canadian employers in federally regulated industries (which include industries such as telecommunications, air/rail travel, and banking, among others) may want to note a number of recent and upcoming changes that will impact their workplaces.

Ryan Martin Montréal Author

John T. Wilkinson Toronto Author

ESG: Important New Considerations for Employers

Consideration of environmental, social, and governance (ESG) issues is becoming increasingly important for companies when conducting business and in dealings with investors and employees. The increased emphasis on ESG poses unique and difficult challenges for companies that can have a direct impact on their financial performance and broader perception as responsible corporate citizens.

Simone R.D. Francis St. Thomas
New York Author

Zachary V. Zagger New York Author

California to Consider Requests to Defer Compliance With Labor Contractor Pay Data Reporting Obligations

On April 14, 2023, the California Civil Rights Department (CRD) announced that it will consider providing employers two-month extensions on the upcoming May 10, 2023, deadline to comply with the state’s new pay data reporting obligations regarding workers supplied by labor contractors.

James A. Patton, Jr. Birmingham Author

Christopher W. Olmsted San Diego Author

Zachary V. Zagger New York Author

New California Pay Data Reporting Obligations Raise New Issues for Private Colleges, Labor Contractors

The California Civil Rights Department (CRD) recently issued new guidance confirming that private colleges and universities and labor contractors are subject to the newly expanded pay data reporting obligations added as part of the state’s pay transparency law, Senate Bill (SB) 1162, enacted in September 2022. The state has set up an online portal to submit 2022 pay data reports, which are due on May 10, 2023.

James A. Patton, Jr. Birmingham Author

Christopher W. Olmsted San Diego Author

Zachary V. Zagger New York Author

National Pay Transparency Bill Proposed

With states and municipalities across the country enacting pay transparency laws, a bill was recently introduced in Congress that would require disclosure of pay ranges nationwide to address concerns with pay equity. On March 14, 2023, United States Representative Eleanor Holmes Norton (D-DC) introduced the “Salary Transparency Act,” or H.R. 1599, which would amend the Fair Labor Standards Act (FLSA) to require covered employers to disclose the “wage range” for open positions in job postings made publicly and internally.

Kelly M. Cardin New York
Stamford Author

Nicole S. Mulé Stamford Author

Zachary V. Zagger New York Author

New York Lawmakers Modify Pay Disclosure Law’s Applicability to Remote Jobs

With the September 17, 2023 effective date for New York’s new pay range disclosure requirements approaching, state lawmakers recently amended the law to clarify the scope of remote jobs to which the law applies and to relieve certain information retention requirements for employers. On March 3, 2023, New York governor Kathy Hochul signed Senate Bill S1326, amending the new pay transparency law that will require employers to disclose minimum and maximum annual salaries or hourly wages in advertisements for jobs, internal promotions, or transfer opportunities.

Kelly M. Cardin New York
Stamford Author

Zachary V. Zagger New York Author

Equal Pay Day: Addressing Potential Gender-Based Pay Disparities in the Workplace

The U.S. Equal Employment Opportunity Commission (EEOC) has expressed a renewed intention to enforce federal laws prohibiting discrimination in pay amid a reported persistent “pay gap” between women and men in the United States workforce. The effort comes as “Equal Pay Day” is being recognized in the United States on Tuesday, March 14, 2023, a date that is meant to symbolize how far into the next year women reportedly must work to earn what their male counterparts made in the previous year. Given these events, here are some action items that employers may want to consider.

Jana L. Korhonen Atlanta Author

Zachary V. Zagger New York Author

German Federal Labor Court: Employers May No Longer Cite ‘Better Negotiating Skills’ as an Argument for Unequal Pay

A recent decision of the German Federal Labor Court considerably restricts the objective, gender-neutral criteria that can justify different pay for the same work or equal work. Negotiating skills are now ruled out as a justification for a higher salary. However, differences in qualifications or professional experience continue to be recognized as objective criteria that may justify a compensation differential.

Anja Becher Berlin Author

Is Pay Transparency and Reporting Coming to Massachusetts?

Massachusetts employers should keep an eye on a flurry of proposed legislation recently filed in both the state House of Representatives and Senate. One bill would impose new pay transparency obligations on Massachusetts employers. Another would require Massachusetts employers to report pay data to state regulators and create reporting obligations that go beyond similar obligations in place in other states.

Mark H. Burak Boston Author

Olivia L. Vehslage Boston Author

New York City Council Proposes Amendments to Pay Transparency Law

On February 2, 2023, the New York City Council introduced a bill (Int. No. 907) that proposes changes to Local Law 32, New York City’s current salary disclosure law, which became effective on November 1, 2022.

Kelly M. Cardin New York
Stamford Author

Jessica R. Schild New York Author

California Civil Rights Department Releases Updated Guidance for 2022 Pay Data Reporting

The California Civil Rights Division (CRD) recently released updated guidance in the form of frequently asked questions (FAQs) for the 2022 California pay data reports, which covered employers must submit via the CRD’s pay data portal by May 10, 2023.

Christopher W. Olmsted San Diego Author

James A. Patton, Jr. Birmingham Author

Albany County, New York’s New Law Requiring Disclosure of Pay Ranges in Job Postings

Employers in Albany County, New York, will soon be required to disclose expected pay ranges in job postings under a new pay transparency law. The law, which is expected to go into effect on March 9, 2023, adds Albany County to the growing list of jurisdictions across New York State with similar pay transparency requirements.

Kelly M. Cardin New York
Stamford Author

Zachary V. Zagger New York Author

Connecticut Kicks Off Its 2023 Legislative Session With Slew of Employment-Related Bills

Connecticut employers have seen a significant increase in legislation affecting their businesses over the last few years. The Connecticut General Assembly does not show any signs of slowing down. A slew of labor and employment bills have been proposed in the 2023 legislative session.

Marc L. Zaken Stamford Author

Nicole S. Mulé Stamford Author

Connecticut Proposes Legislation to Increase Salary Transparency in Job Postings

Connecticut recently proposed legislation (Proposed H.B. No. 5243) that would “require employers to disclose salary ranges in all job postings.” In 2021, Connecticut was one of the first states to enact a pay transparency law requiring employers to disclose to applicants and employees the salary ranges for their positions. The proposed legislation would expand the existing law.

Kelly M. Cardin New York
Stamford Author

Nicole S. Mulé Stamford Author

California Labor Agency Posts FAQs Relating to New Pay Scale Posting Requirements

Employers posting jobs to be filled in California must now include a pay range in the posting under new requirements that took effect at the beginning of 2023. Senate Bill (SB) 1162, which was signed by Governor Gavin Newsom in September 2022, seeks to address racial and gender pay disparities by requiring employers to post pay ranges in job postings and expanding employers’ pay data reporting obligations with the California Civil Rights Department (CRD). In December 2022, the California Department of Industrial Relations (DIR) released updated guidance for employers regarding the compliance with the new pay transparency obligations.

Christopher W. Olmsted San Diego Author

Zachary V. Zagger New York Author

California’s New Pay Transparency Law: Pay Data Reporting Obligation Changes for 2023

California recently enacted a landmark pay transparency law that requires employers to disclose pay ranges in job postings, joining a growing number of states and municipalities that impose such requirements aimed at improving pay equity. But beyond the pay scale requirements, Senate Bill (SB) 1162, signed in September 2022 by Governor Gavin Newsom, further broke new ground in expanding pay data reporting processes and requirements for California employers, and thus increasing employers’ compliance burden.

James A. Patton, Jr. Birmingham Author

Christopher W. Olmsted San Diego Author

Zachary V. Zagger New York Author

New York Governor Hochul Signs Statewide Salary Disclosure Bill Into Law

On December 21, 2022, New York Governor Kathy Hochul signed Senate Bill S9427A into law, six months after the New York State Legislature passed the pay disclosure bill. The law takes effect on September 17, 2023.

Kelly M. Cardin New York
Stamford Author

Jessica R. Schild New York Author

New York City Pay Transparency Law Takes Effect

On November 1, 2022, New York City’s pay transparency law went into effect, requiring most employers in New York City to post salary ranges in job advertisements, including postings for internal opportunities.

Kelly M. Cardin New York
Stamford Author

Zachary V. Zagger New York Author

Salary Transparency Comes to (Some) of New York State

In the wake of the #MeToo movement, pay transparency laws began to crop up around the country. These laws often require companies to post or disclose pay ranges for available jobs and are aimed at closing pay gaps and ensuring pay equity.

Kelly M. Cardin New York
Stamford Author

Governor Newsom Signs Bill Imposing Game-Changing Pay Transparency Requirements

On September 27, 2022, California Governor Gavin Newsom signed the state’s pay transparency bill into law, imposing several new and unprecedented requirements on California employers. With the signing of Senate Bill (SB) 1162, effective January 1, 2023, California will join Colorado, Washington, New York City, and other municipalities, in requiring that employers disclose pay ranges in job postings. California will break new ground in also requiring reporting on other demographic and pay information to the state.

Tracie L. Childs San Diego Author

Zachary V. Zagger New York Author

California Legislature Passes Bill That Would Break New Ground on Pay Transparency Requirements

California’s legislature has passed a game-changing bill that would impose significant new requirements on employers in that state. The bill, which seeks to up the ante on pay transparency, is now headed to Governor Gavin Newsom who has until September 30, 2022, to sign it, veto it, or allow it to pass into law.

Oregon Equal Pay Act’s Temporary Exclusion of Hiring and Retention Bonuses Set to Expire on September 28, 2022

On September 28, 2022, amendments to Oregon’s Equal Pay Act excluding hiring and retention bonuses from the definition of “compensation” are set to expire.

Alabama Workforce and Wage Gap Task Force Takes Aim at State’s Pay Disparities

On April 13, 2022, Alabama Governor Kay Ivey approved an act establishing the Alabama Workforce and Wage Gap Task Force. The task force will “identify evidence-based policies to assist lawmakers in implementing laws to close the wage gap” in Alabama by investigating the root causes of pay disparities.

T. Scott Kelly Birmingham Author

Morgan Pike Epperson Birmingham Author

Midyear Check-in on California and Federal Government Compliance Reporting

With the first six months of 2022 completed, this is a good time to review a busy government reporting season.

James A. Patton, Jr. Birmingham Author

Christopher W. Olmsted San Diego Author

Tina Lam Birmingham Author

New York Passes Bill Requiring Compensation Ranges in Job Postings

On June 1, 2022, the New York State Legislature passed Senate Bill S9427A, which would amend the New York Labor Law (NYLL) by requiring that employers disclose compensation ranges in job, promotion, and transfer advertisements. This bill comes on the heels of New York City’s recent enactment of a similar law.

Kelly M. Cardin New York
Stamford Author

Jessica R. Schild New York Author

Illinois Issues Proposed Regulations in Connection With Equal Pay Registration Certificate Requirements

The Illinois Department of Labor (IDOL) has, at long last, issued proposed rules implementing its equal pay registration certificate requirements. As a reminder, Illinois is setting deadlines for covered employers to apply for certification on a rolling basis. The deadline for the first round of employers to file for certification is just days away.

Jennifer L. Colvin Chicago Author

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