#MeToo-Inspired Laws Hit the Midwest: Illinois Passes Anti-harassment, Pay Equity, and Board Diversity Legislation

After ending 2018 with a slew of new employment laws, Illinois continues to enact legislation impacting employers. Following the example set by California, Washington, and other states recently, the Illinois legislature passed four new bills targeting equity, transparency, and discrimination last week, and Governor J. B. Pritzker is expected to sign them into law.

Alabama Governor Signs Pay Equity Legislation

On June 11, 2019, Governor Kay Ivey signed Alabama House Bill 225, making Alabama the 49th state to adopt equal pay legislation. The act prohibits an employer from paying an employee a lower wage rate than an employee of another race or sex for equal work in the same establishment, where job performance requires “equal skill, effort, education, experience, and responsibility” and occurs “under similar working conditions.”

Will Alabama Governor Sign Pay Equity Legislation?

Federal law already prohibits employers from paying an employee less than employees of another sex for equal work, unless the employer bases the wage difference on statutorily defined factors. Alabama and Mississippi were the only two states without corresponding state-specific laws until Representative Adline Clarke, D-Mobile, introduced Alabama House Bill 225 on March 19, 2019.

Colorado Enacts Sweeping Equal Pay Legislation After Decades of Failed Attempts

On May 22, 2019, Colorado governor Jared Polis signed sweeping equal pay legislation into law after nearly 40 years of failed attempts by the Colorado government to pass a pay equity law. The recently signed Colorado Equal Pay for Equal Work Act is one of many transformative legislative changes the state government has put in place since the November 2018 election, which resulted in Democrats holding trifecta control in the Colorado state government for the first time in years.

Changes on the Horizon for Washington State’s Pay Equity Law: Salary History Inquiries

On May 9, 2019, Washington State governor Jay Inslee signed House Bill 1696, “an act relating to wage and salary information.” The new law is similar to legislation being promulgated throughout the country, including by Washington’s neighbor to the south, Oregon. This law will become effective on July 28, 2019.

EEOC Posts Notice That EEO-1 Pay Data Collection Is Back

On April 29, 2019, the Equal Employment Opportunity Commission (EEOC) published a notice that the EEO-1 pay data collection is being reinstated immediately. According to the EEOC’s website, employers covered by EEO-1 reporting requirements must submit 2018 Component 2 EEO-1 (pay and hours worked) data for their workforces by September 30, 2019.

Gender Pay Gap Reporting—Happy Anniversary?

April 4, 2019 will mark the first anniversary of mandatory private-sector gender pay gap reporting in the United Kingdom. One year in, and organizations appear to be in the same last-minute position they were in during the first reporting year, submitting their data just before the deadline. Regardless of timing, the key question is: has the last 12 months had any impact on the issue of addressing the gender pay gap generally?

Salary History Is Not Quite History in the Ninth Circuit, According to Supreme Court

On February 25, 2019, in a much awaited decision, the Supreme Court of the United States issued a per curiam ruling in Yovino v. Rizo, No. 18-272, 586 U.S. ___ (2019). Rather than address the substantive issue of whether an employer may rely on salary history to establish starting pay under the federal Equal Pay Act (EPA), the Court vacated and remanded the matter on a procedural—yet still important—issue.

Michigan Governor Furthers LGBT Protections in State Contracts and Bans State Agencies From Asking for Salary History

Hitting the ground running, Michigan’s new governor, Gretchen Whitmer, has imposed new requirements in the employment arena—but only for executive branch state employees and some contractors and grant and loan recipients. This could be a sign of things to come for employers everywhere in Michigan, or at least a sign of building momentum within the state government.

New Jersey 2018 Legislative Update: 11 Bills That Employers Should Watch

On January 16, 2018, Democratic candidate Phil Murphy was sworn in as the 56th governor of the State of New Jersey, replacing Republican former governor Chris Christie. As reflected in the Report of the Labor and Workforce Development Transition Advisory Committee, Governor Murphy’s administration is poised to advance legislation that will have a significant impact on employers doing business in New Jersey.

Ontario Finalizes Pay Transparency Act, 2018, Targeting Large Employers

As we reported in March of 2018, the Ontario government recently introduced legislation designed to create pay transparency by prohibiting employers from asking job applicants about pay history, requiring employers to report their pay practices to the Ministry of Labour, and authorizing the appointment of compliance officers to investigate whether employers have complied with the bill’s requirements, among other things.

Philadelphia’s Pay Equity Ordinance: When May Employers Request and Consider Salary Information in Light of the Latest Challenge?

On April 30, 2018, Judge Goldberg of the U.S. District Court for the Eastern District of Pennsylvania issued an order granting in part and denying in part a motion brought by the Chamber of Commerce for Greater Philadelphia for a preliminary injunction seeking to block the City of Philadelphia’s wage equity ordinance.