Archives: Equal Pay

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What Was Your Prior Salary? No Longer a Question You Can Ask When Hiring in New York City.

Last month, the New York City Council approved legislation that bars employers from asking prospective hires to disclose their past salary. In passing the measure, New York City joins Massachusetts (see our post here), Puerto Rico and the city of Philadelphia in banning the question from job interviews and on applications. (Also see our post here … Continue Reading

Pay History: An Improper Factor for Employers To Consider In Starting Salaries? Not Necessarily, According To the Ninth Circuit

As we previously reported to you, pay history has recently become a topic of much discussion among federal, state and municipal legislatures. Many jurisdictions around the country are considering laws that would quell employer inquiries into candidate pay history. The underlying purpose of these laws is to level out the historical pay gap between men … Continue Reading

How Much Money Did You Make At Your Last Job? Some Say These Questions Do Not Pay It Forward.

Can employers ask a prospective employee what they have earned at prior jobs? For most employers, the answer is currently – yes. But, if you are among the large group of employers that do ask about past earnings, take heed. A growing number of states and municipalities and even the federal legislature are considering new … Continue Reading

If there’s something weird and it don’t look good, who you gonna call? Mythbusters!

Courtesy of Acas, here are the top ten myths to be “busted” by the Government’s promised campaign to make the Gender Pay Gap Regulations look less over-engineered than they really are together with some italicised comments of our own. MYTH: We did an equal pay audit a while ago so we’re fine FACT: Equal Pay deals … Continue Reading

Gender pay gap reporting and legal professional privilege – what’s the link?

As we have mentioned in previous blog posts, having a gender pay gap does not mean in any way that an employer has necessarily failed to comply with its equal pay obligations under the Equality Act 2010. But this new obligation to publish pay information is likely to bring the issue of equal pay to … Continue Reading

A cynic’s guide to the draft Gender Pay Gap Regulations

So here they are, out yesterday, a strange parallel universe where months last 30.44 days and years 365.25, and where you don’t include pay for periods of leave except when you do. In past blogs here we have criticised Government Regulations and statutory Guidance as too vague, leaving employers unclear whether they are caught by … Continue Reading

Which employers will be caught by the new UK gender pay gap reporting obligations?

At this stage we are still waiting for the final regulations on the new mandatory gender pay gap reporting obligations.  This current series of blog posts is therefore based on what we know from the draft regulations and discussions around them. In terms of which employers will be caught by the new gender pay gap … Continue Reading

Latest UK statistics on gender pay gap – movement in the right direction

According to data published today (26 October) by the Office for National Statistics in its Annual Survey of Hours and Earnings, the overall gender pay gap (taking into account both full-time and part-time employees) has fallen from 19.3% in 2015 to 18.1% in 2016.  This is apparently the largest year-on-year drop since 2010. The gender … Continue Reading

Massachusetts Becomes First State to Ban Salary Histories in Applications

On July 23, 2016, the Massachusetts legislature unanimously passed a comprehensive pay equality bill aimed at eradicating gender-based pay discrimination. The governor of Massachusetts signed the bill on August 1, 2016, but the law will not go into effect until July 1, 2018. The law requires that employers pay men and women equally when their … Continue Reading

Getting To Equal Pay, and Maintaining It

Tuesday April 12 was Equal Pay Day, just one of the many days this year that placed equal pay in the news.  We’ve already apprised you about California’s stringent amendment to the Fair Pay Act and the legal requirements it imposes. In case you missed it, Glassdoor just published a study [PDF] based on more … Continue Reading

Publish and be damned – the unhappy reality behind UK gender pay gap reporting

So there they are, the draft Regulations proposed to implement gender pay gap reporting. No doubt there will be a storm of flak from all directions over these, from employers because compliance requires a considerable amount of work and from unions and employees because the Regulations have no legal teeth – there is no penalty … Continue Reading

Equal Pay Momentum – New Jersey Senate Labor Committee Approves Proposed Equal Pay Legislation

A week ago, President Barack Obama announced further efforts by the White House and EEOC to combat gender pay equality issues. The momentum from last week’s announcement carried its way up the coast from the District of Columbia to the state legislature of New Jersey. Yesterday, New Jersey’s Senate Labor Committee approved Senate Bill 992 … Continue Reading

President Obama Announces Further Efforts To Combat Gender Pay Inequality

A little-known (or perhaps forgotten) fact is that the very first bill President Obama signed into law was an employment law:  the Lilly Ledbetter Fair Pay Act of 2009.  This law unwound the Supreme Court’s 2007 decision in Ledbetter v. Goodyear Tire & Rubber Co., and was intended to make it easier for employees to … Continue Reading

New York State and City Employment Law Update

The beginning of 2016 is a busy year for New York employers.  Both the state and New York City have enacted a variety of laws expanding protections for employees.  Employers need to review their policies to ensure they are in compliance. NEW YORK STATE Effective January 19, 2016, the New York State Human Rights Law … Continue Reading
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