State Pay Equity Compliance for Employers: Closing the Pay Gap and Conducting Privileged Pay Audits

Recording of a 90-minute CLE webinar with Q&A

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Conducted on Wednesday, September 11, 2019

Recorded event now available

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Course Materials

This CLE course will guide employment counsel through a discussion of recent trends in state equal pay laws, including a detailed analysis of the language and responsibilities currently in such legislation around the country.


Nearly every state now (as of June 2019) has some form of pay equity legislation. Further, the Equal Employment Opportunity Commission (EEOC) announced in 2017 that pay equity would be one of its six essential priorities from 2018 through 2021. With these growing efforts to close the pay gap, employers should examine their pay practices to ensure compliance with these new laws.

As states shore up their pay equity laws and workers grow more aware of their rights, employers are increasingly turning to confidential pay audits to examine their payrolls and pay practices for illegal wage disparities between genders, races and the groups of protected employees. Pay audits are an excellent tool if performed correctly; without them, employers risk failing to detect unlawful pay gaps that may correlate to factors like gender, race or ethnicity.

While pay equity laws vary by jurisdiction, they generally bar employers from paying workers differently for comparable or substantially similar work unless there is a legal justification for that disparity. When a state passes a pay equity law, employers must ensure that their hiring processes, standards for promotion, and compensation-setting policies and practices are compliant. Further, laws banning employers from inquiring as to salary history are beginning to take hold.

Listen as our distinguished panel discusses recent legislative trends in state equal pay laws, and how employers and their counsel can spot illegal pay gaps by conducting a pay audit. Additionally, our speakers will analyze strategies for employers to achieve and maintain compliance with equal pay laws after identifying an unlawful pay gap.



  1. Overview of recent legislation passed by various states around the country
  2. Definition of the pay gap and how state pay equity laws seek to correct it
  3. Discussion of privileged pay audits and how employers can use them to identify unlawful wage practices
  4. Best practices for employers and counsel to correct any illegal pay gaps between employees


The panel will review these and other hot topic issues:

  • What are the recent trends in state pay equity laws?
  • What groups are typically protected by pay equity laws?
  • How can employers determine whether their hiring and wage-setting practices are lawful?
  • What steps can employers take to close an unlawful pay gap?


Bastone, Stacey
Stacey A. Bastone

Jackson Lewis

Ms. Bastone assists companies in the preparation of affirmative action plans for federal contractors including job...  |  Read More

Delikat, Mike
Mike Delikat

Orrick Herrington & Sutcliffe

Mr. Delikat serves as Chair of the firm's Global Employment Law Practice. He currently has an active practice...  |  Read More

Patrick, Christopher
Christopher T. Patrick

Jackson Lewis

Mr. Patrick's practice focuses on equal employment opportunity, including proactive pay equity analyses, compliance...  |  Read More

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