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Snell & Wilmer’s Labor and Employment Law Blog provides breaking news and updates on legal issues facing employers.Topics
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Federal Equal Employment Opportunity Law – Recent Developments
2020 brought employment law practitioners several federal court decisions that proved to be interesting, instructive and, at times, entertaining. Some decisions were victories for employees, and others were victories for employers. No matter the outcome, however, all the opinions continue … Continue reading
Posted in Discrimination, Pay, Snell & Wilmer
| Tagged Disability, Equal Pay, Salary History, Supreme Court, Title VII
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Show Them the Money: Colorado’s New Equal Pay Law
Colorado’s Equal Pay for Equal Work Act (the “Act”) goes into effect January 1, 2021. To implement the Act, the Colorado Department of Labor and Employment recently adopted the Equal Pay Transparency (“EPT”) Rules. Here, we summarize certain notable features of … Continue reading
Posted in Colorado, Hiring, Pay, Snell & Wilmer
| Tagged Colorado, Equal Pay, Equal Pay for Equal Work Act
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UPDATE: Employers Must File EEO-1 Reports for 2017 and 2018
The EEOC announced last week that employers must file their EEO-1 Component 2 data for calendar years 2017 and 2018 by September 30. The wage data must be broken down by race, sex, and ethnicity. The EEO-1 survey can be found … Continue reading
Posted in EEOC, Pay
| Tagged Chutkan, EEO-1, EEOC Guidance, Equal Pay, Obama, Pay Data, Reporting, Reporting Requirements
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UPDATE: Court Confirms that Employers Are to Provide Pay Data to EEOC by Sep. 30
On April 25, U.S. District Judge Tanya Chutkan issued a ruling accepting the EEOC’s proposal (which we previously reported on here) that employers who file EEO-1 reports must submit wage data broken down by race, sex, and ethnicity by Sep. … Continue reading
EEOC Sets Deadline of Sep. 30 for Employers To Submit Pay Data
The Equal Employment Opportunity Commission (EEOC) has just announced that it will require employers who file EEO-1 reports (typically employers with at least 100 employees and federal contractors with 50 or more employees and at least $50,000 in contracts) to … Continue reading
Posted in EEOC, Pay
| Tagged Chutkan, District of Columbia, EEO, EEO-1, EEOC Guidance, Equal Pay, Obama, Pay Data, Reporting, Reporting Requirements, Trump
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Forget Referring to it as the “Garden State”: New Jersey Just Became the “Equal Pay” State
On April 24, 2018, New Jersey’s Governor, Phil Murphy, signed the Diane B. Allen Equal Pay Act (the “Act”) into law. Recognized as the strongest equal pay law in the United States, the Act amends New Jersey’s Law Against Discrimination … Continue reading
Posted in Discrimination, Pay
| Tagged Diane B. Allen, Equal Pay, Equal Pay Act of 1963, Garden State, New Jersey, Phil Murphy, Sex Discrimination
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Employers Cannot Use Salary History to Defend Against Equal Pay Claims
On April 9, 2018, the Ninth Circuit ruled en banc that an employee’s prior salary does not constitute a “factor other than sex” to justify wage disparities between male and female employees. “Other than sex” factors is limited to legitimate, … Continue reading
Posted in Discrimination, Pay
| Tagged Equal Pay, Equal Pay Act of 1963, Ninth Circuit, Salary, Salary History, Wage & Hour, Wage Discrimination, Wage Gap, Wages
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Why Asking About Salary History Is Risky Anywhere
There has been significant attention around the new laws and ordinances that prohibit employers from asking job applicants about their salary history in California, Delaware, Massachusetts, Oregon, New York City, Philadelphia and Puerto Rico. Are employers outside of these jurisdictions … Continue reading
Posted in Discrimination, EEOC, Hiring, Pay
| Tagged Equal Pay, Salary, Salary History, Title VII
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Think Before You Ask: New Laws Banning Employers From Asking Job Applicants About Their Salary and Wage History
Many standardized job applications contain a section asking applicants for the names of their prior employers, dates of employment, and the salary or wage they earned. Nationwide employers beware: this practice could be unlawful, depending on where you operate. To … Continue reading
Posted in California, Discrimination, Hiring, Pay
| Tagged Equal Pay, Hiring and Firing, Job Applicants, Local Ordinances, Salary History, Wage Discrimination
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