Equal Pay

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“Work of equal value”  – if apples and pears were jobs (EU)

2023’s EU Directive 2023/970 to “strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms”, also known as the Pay Transparency Directive, must be implemented by European member states by no later than 7 June 2026. With such … Continue Reading

Amendments to California Anti-Retaliation Laws Facilitate Employee Lawsuits

Soon it will be easier for California employees to establish a prima facie claim of retaliation in violation of California law. On October 8, 2023, Governor Gavin Newsom signed Senate Bill No. 497 into law. Also referred to as the Equal Pay and Anti-Retaliation Protection Act, the legislation amends California Labor Code Sections 98.6, 1102.5 and … Continue Reading

The gender pay gap and what Belgian employers need to do about it (now and in the future)

The statistics Some uplifting news last week from Statbel, the Belgian Agency for Statistics. In 2021, there was no longer a pay gap for young women in Belgium. But as their age goes up, so opens up the pay gap with male colleagues. On average across all ages, women in Belgium earned 5% less per … Continue Reading

Impressing a Robot: EEOC Takes a Byte Out of AI Based Hiring (US)

Squire Patton Boggs Intern Ruzanna Mirzoyan discusses the EEOC’s focus on artificial employment tools in employment recruitment and hiring decisions. Job applicants might be surprised to learn that their resume may need to impress an artificial intelligence (“AI”) algorithm before they can score an interview. A significant (and growing) number of employers currently use AI … Continue Reading

Summer State/Local Law Round-Up, Part 2 of 2: Ohio through West Virginia (US)

In our post earlier this week, we covered recent developments in state and local labor and employment laws in the states at the beginning at the alphabet. We now turn our attention to developments in the remaining states.… Continue Reading

State Law Round-Up: Year-End Edition (US) (Part 2 of 2)

Welcome to Part 2 of the 2021 Year-End Edition of the State Law Round-Up, covering states in the second half of the alphabet. Part 1, covering the first part of the alphabet, can be found here. Maine:  Maine’s “ban-the-box” law, HP 845, went into effect October 18, 2021.  The law prohibits private employers from requesting … Continue Reading

State Law Round-Up: Year-End Edition (US) (Part 1 of 2)

Welcome to the 2021 Year-End Edition of the State Law Round-Up! Due to the large number of updates, we will be splitting this State Law Round-Up into two parts, with each part organized alphabetically by state; today we will cover the first half of the alphabet, and tomorrow the remainder. Two exceptions: First – Minimum … Continue Reading

US Federal Labor Viewpoints – Week of March 22, 2021

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of March 22. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, we … Continue Reading

Recent Ninth Circuit Equal Pay Act Decision A Reminder To Examine and Eliminate Gender-Based Pay Disparity (US)

On Monday, March 15, 2021, the Ninth Circuit Court of Appeals reversed, in part, a district court’s order denying a federal Equal Pay Act (“EPA”) claim filed by a former University of Oregon tenured psychology professor who claimed she was paid significantly less than her male colleagues. The decision serves as a reminder to employers … Continue Reading

State Law Round-Up: Year End Edition – PART TWO (Illinois – Washington, D.C.) (US)

In Part One of our year-end State Law Roundup, we covered national minimum wage developments and developments in states at the beginning of the alphabet: California, Colorado, Connecticut, Georgia, and Hawaii.  In Part Two below, we look at developments in the rest of the states (and localities), from Illinois to Washington D.C. Illinois: Illinois employers … Continue Reading

State Law Round-Up: Year End Edition – PART ONE (California – Hawaii) (US)

As we (thankfully) reach the end of 2020, we wanted to provide a year-end update on recent and upcoming state law developments.  Despite the fact that state and local governments had their hands full with the COVID-19 pandemic (and passed many laws relating to that topic, which we will not cover here), they managed to … Continue Reading

U.S. Women’s National Soccer Team’s Equal Pay Act Claim Dismissed, But Other Gender-Based Claims Remain (US)

Our colleague at Squire Patton Boggs’  Sports Shorts blog discussed the recent ruling in the Equal Pay Act and Title VII case brought by members of the U.S. women’s national soccer team against U.S. Soccer alleging that they were discriminated against by being paid less than their male counterparts.  On Friday, May 1, 2020, Judge … Continue Reading

Ninth Circuit Confirms That Salary History May Not Be Used to Justify Unequal Pay (US)

It seems fairly simple: Do the same work, get the same pay. Despite the simplicity of the concept, courts continue to grapple with what this means in the context of the federal Equal Pay Act, which, since 1963, has prohibited employers from paying men and women different wages for the same or substantially similar work, … Continue Reading

Spoiler Alert! It’s Going to Be a Roaring 2020 With Many Impactful Laws On The Horizon (US)

Who will be cheering and who will be jeering in this new decade may depend on the outcome of several key cases, pending regulations, and potential state and local law reforms. Below, we provide you with a brief overview of some key issues that may dominate the legal landscape in 2020 and beyond.… Continue Reading

Title VII Pay Bias Claims Do Not Require Evidence of Unequal Pay for Equal Work (US)

On December 6, 2019, a three-judge panel of the U.S. Court of Appeals for the Second Circuit (which hears appeals from federal district courts located in Connecticut, New York, and Vermont) unanimously held that employees can allege gender-based pay discrimination under Title VII of the Civil Rights Act even if they cannot show that a … Continue Reading

EEOC Must Continue Collecting Pay Data Until January 31, 2020 (US)

On October 29, 2019, the U.S. District Court for the District of Columbia ordered that the EEOC must continue to take all steps necessary to complete EEO-1 Component 2 data collection for calendar years 2017 and 2018.  As we recently discussed here, the EEOC filed a motion on October 8, 2019 asking the court to … Continue Reading

Update on EEOC Pay Data Reporting:  EEOC Asks Court to End EEO-1 Component 2 Data Collection (US)

As we most recently reported here and here, as of September 30, 2019, employers with 100 or more employees  (and federal contractors with 50 or more employees) were required to report to the federal government pay data for 2017 and 2018 for their workforce (known as “Component 2” data), broken down by race/ethnicity, sex, and job … Continue Reading

State Law Round-Up: Developments in Wage and Hour (CO, MA, ME, WA), Non-Compete (WA), Commuter Benefits (NJ), Sexual Harassment (DE), and Sick Leave (Dallas and Minneapolis) Laws. (US)

It’s been an active few weeks since our last State Law Round-Up in mid-April 2019, with a number of bills being signed into new laws and case developments impacting employers in many US states over the past few weeks. Colorado Failure to Pay Wages as Theft Effective January 1, 2020, an employer’s failure to pay … Continue Reading

EEOC Will Begin Collecting 2017 and 2018 Pay Data from Employers in Mid-July 2019 (US)

A federal judge recently ordered that the Equal Employment Opportunity Commission (“EEOC”) collect two years of Component 2 EEO-1 data, including employees’ hours worked and W-2 compensation information, from employers with 100 or more employees (and federal contractors with 50 or more employees) by September 30, 2019 (see our post here).  The agency was given … Continue Reading

Federal Court Confirms September 30, 2019 Deadline for Employers to Submit EEO-1 Pay Data (US)

As we previously reported here, on April 3, 2019, the White House Office of Management and Budget (“OMB”) filed a brief with the U.S. District Court for the District of Columbia proposing a September 30, 2019 deadline for the EEOC to complete collection of the required 2018 EEO-1 pay data forms. The brief was filed … Continue Reading

EEOC Proposes September 30, 2019 Deadline for EEO-1 Pay Data Collection (US)

As we previously reported here, on March 4, 2019, a federal court issued an order lifting the stay implemented by the White House Office of Management and Budget (“OMB”) regarding the pay data collection component of the EEO-1 report, finding that the OMB failed to demonstrate good cause for the stay.  The order left many … Continue Reading
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