Reminder for Employers—New York Statewide Pay Transparency Law Takes Effect

The New York state law requiring employers to disclose expected compensation ranges in advertisements for jobs, promotions, and transfers takes effect on September 17, 2023. The law requires employers with four or more employees to disclose the minimum and maximum annual salary or hourly wage in advertisements for jobs, promotions, and transfers, including in electronic job postings.

New Jersey Temporary Worker Pay Transparency Law Takes Effect

On August 5, 2023, New Jersey’s Temporary Workers Bill of Rights (TWBR) law takes full effect, bringing new obligations for temporary service firms and employers that utilize temporary workers. The State of New Jersey has indicated that it intends to enforce the new law in accordance with the proposed regulations unveiled on July 21, 2023.

Maine Raises Discrimination Damages Caps and Expands Employee Protections

Maine recently wrapped a busy 2023 legislative session that brought several significant legal changes relevant for employers. Those changes include increasing the cap on damages for violations of the Maine Human Rights Act (MHRA), expanding the protections of Maine Equal Pay Law to include race, amending the Workers’ Compensation Act to permit individual liability for sexual harassment and sexual assault, allowing non-tipped restaurant workers to participate in tip pools, and prohibiting employers from requiring veterinarians to enter into noncompete agreements.

Illinois Adds Stronger Rights and Safety Protections for Day and Temporary Workers

On May 19, 2023, the Illinois General Assembly passed substantial amendments to the Day and Temporary Labor Services Act, 820 ILCS 175, through House Bill (HB) 2862. The amendments expand the rights of day and temporary workers and mandate increased safety oversight by both day and temporary labor service agencies and third-party clients that utilize such workers.

Minnesota Lawmakers Amend Current Law to Strengthen Protections for Employee Wage Disclosure

On May 24, 2023, Governor Tim Walz signed into law omnibus legislation that includes an amendment to Minnesota’s labor law that protects employees’ right to discuss the employees’ own wages. This amendment further defines the types of adverse action that an employer may not take against employees for exercising that right. The effective date of this amendment is July 1, 2023.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.