New Wage Transparency Laws: Resolving Wage Discrimination and Equity Claims

Mitigating the Fallout of the Great Resignation

This program is cancelled

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Wednesday, October 12, 2022

1:00pm-2:30pm EDT, 10:00am-11:30am PDT


This CLE course will discuss the new state wage transparency laws in Colorado and New York and proposed in California and Washington, D.C. The panel will address utilizing these new laws to mitigate wage discrimination and wage equity claims, as well as how the rippling effects of future wage transparency laws may assist with employee retention after the Great Resignation.

Description

Earlier this year the New York legislature approved of legislation that would require employers with more than four employees in New York City to reveal salary ranges for job postings or advertisements for promotions or transfer opportunities. The legislation awaits approval of Governor Hochul. For the purpose of determining whether they are covered under the law, employers need to count independent contractors as if they were employees.

Colorado passed a similar--but more expansive--law in 2021, requiring employers to include salary ranges in job postings. But in recent years, a handful of other states--including Connecticut, Nevada, Rhode Island, California, Maryland, and Washington--have enacted other laws under which employers need to disclose salary ranges in certain circumstances or at various points in the job application process.

With pay transparency, the objective is that more targeted applicants will apply for open positions. The new pay transparency law requires posting minimum and maximum salary offerings for an available role. Employers hope this knowledge will stem the loss of staff that has resulted from the Great Resignation of the early 2020s.

These laws aim to work in conjunction with the Federal Equal Pay Act of 1963 and laws like California's Fair Pay Act of 2015. In addition, 17 states and municipalities have banned employers from asking for salary history. Many employers will need to audit their current practices to ensure compliance, particularly with remote positions that will require adherence to various wage transparency laws. These efforts may reduce wage discrimination and wage equity claims, but it is not clear yet that this outcome will be achieved.

Listen as our expert panel discusses how new wage transparency laws may alter the hiring structure and how wage transparency laws may affect wage discrimination claims.

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Outline

  1. Wage transparency laws
    1. Colorado law
    2. New York law
  2. Proposed legislation
  3. Wage discrimination and wage equity laws
  4. Hiring audits
  5. Best practices

Benefits

The panel will discuss these and other key issues:

  • How will New York's new wage transparency law be further clarified?
  • What changes to hiring practices should employers consider when seeking remote workers?
  • How will wage transparency laws affect wage discrimination claims?

Faculty

Gagnon, Matthew
Matthew Gagnon

Partner
Seyfarth Shaw

Mr. Gagnon is a partner in the Chicago office of Seyfarth Shaw LLP.  A member of the Labor & Employment...  |  Read More

Levy, Tracey
Tracey I. Levy, Esq.

Founding Member
Levy Employment Law

With more than 25 years of legal and employee relations experience, Ms. Levy guides managers and in-house counsel...  |  Read More