Compensation & Pay Equity

Memo
22-158
Tuesday, August 23, 2022

WEB WORKSHOP SCHEDULED. OFCCP has issued a revised “compensation analysis” directive clarifying that agency compliance officers will not demand an analysis prepared under an applicable legal privilege as OFCCP claimed it had the right to do under the


Memo
22-117
Monday, June 20, 2022

A bill approved recently by the NY State legislature will require state employers with four or more employees to post salary information in job postings, including advertisements for a new hire, promotion, or transfer opportunity.


Memo
22-088
Monday, May 9, 2022

MEMBER FEEDBACK REQUESTED. OFCCP has announced only a handful of financial settlements since our last update in October, signaling that the agency may be less inclined to resolve allegations of discrimination than it was during the previous administr


Memo
22-083
Monday, May 2, 2022

MEMBER FEEDBACK REQUESTED. CWC’s recent virtual member roundtable on OFCCP’s controversial pay equity audit directive involved a spirited discussion among the more than 50 member company participants. Our memo summarizes the highlights.


Memo
22-053
Monday, March 21, 2022

Under a new Executive Order issued by President Biden, federal contracting agencies are instructed to consider whether they should adopt a ban on salary history inquiries as a condition of doing business with the government.


Memo
22-052
Thursday, March 17, 2022

In the first major policy development since she assumed office, OFCCP Director Jenny Yang has issued a new directive instructing agency compliance officers to ask for a contractor’s pay analyses during a compliance evaluation, regardless of whether t


Memo
21-209
Wednesday, October 27, 2021

In conjunction with the end of its fiscal year on September 30, OFCCP recently announced nine new financial settlements resolving discrimination allegations brought by the agency against federal contractors. Our memo provides a summary.


Memo
21-211
Wednesday, October 27, 2021

The Equal Employment Opportunity Commission announced earlier this week that the filing season for both the 2019 and 2020 EEO-1 Reports would begin in April, with specific details to be released at a later date.


Memo
21-151
Monday, August 2, 2021

As a follow-up to our recent memo on the “basics” of OFCCP’s jurisdictional coverage, this memo focuses on who qualifies as a covered OFCCP subcontractor.


Memo
21-149
Wednesday, July 28, 2021

OFCCP Director Jenny Yang has appointed civil rights and pay equity advocate Maya Raghu as the agency’s new Deputy Director for Policy.


Memo
21-146
Tuesday, July 27, 2021

The state of Illinois has further amended its new upcoming pay reporting requirements to clarify how employers must comply, although many questions still remain.


Memo
21-146
Tuesday, July 27, 2021

The state of Illinois has further amended its new upcoming pay reporting requirements to clarify how employers must comply, although many questions still remain.


Memo
21-092
Monday, May 3, 2021

A recent ruling by the United Kingdom’s Supreme Court is instructive in illustrating the differences between U.S. equal pay for equal work requirements and “comparable worth” requirements that apply in the U.K.


Memo
21-090
Thursday, April 29, 2021

Earlier this year, Illinois enacted amendments to its existing law that will require covered employers to begin reporting detailed pay data to the state beginning in 2024. Our memo discusses what we know now.


Memo
21-084
Wednesday, April 21, 2021

After two decades of thus far unsuccessful attempts, Congressional Democrats are trying hard once again to get legislation that would make major changes to the Equal Pay Act enacted into law.


Memo
21-067
Monday, March 29, 2021

The 27-nation European Union has unveiled a draft “directive” that would mandate extensive pay transparency and pay data reporting requirements on companies that do business there. Full implementation is still years away, however.


Memo
21-020
Monday, January 25, 2021

WEB WORKSHOP SCHEDULED. California’s Department of Fair Employment and Housing, which administers and enforces the state’s new pay data reporting requirements which covered employers must begin complying with on March 31, has issued preliminary guida


Memo
20-233
Monday, November 23, 2020

The Colorado Labor Department has finalized rules designed to interpret the posting and compensation disclosure provisions of the state’s new Equal Pay for Equal Work Act. The proposed rules drew the attention of employers across the country because


Memo
20-201
Thursday, October 8, 2020

California has once again been busy enacting new employment-related legislation, including a new law that will require state employers to file pay and hours-worked data similar to the since discontinued EEO-1 “Component 2” reporting requirements.


Memo
20-198
Tuesday, October 6, 2020

The recent ruling by a Labor Department Administrative Law Judge in this closely watched case suggests that OFCCP’s current approach to proving pay discrimination is deeply flawed.


Memo
20-178
Friday, September 11, 2020

Researchers at the Boston University School of Law have conducted a study citing data which they claim supports the notion that state and local salary history inquiry bans have resulted in a notable increase in job postings now showing salary informa


How-To Guides and Checklists
20-172
Friday, September 4, 2020

The latest in our ongoing series of memos exploring the nuances of the Fair Labor Standards Act’s so-called white collar exemptions explains the recently revised rules governing overtime eligibility for “white collar” exempt workers that allow employ


Memo
20-146
Friday, July 24, 2020

The Equal Employment Opportunity Commission has decided to contract with the National Academy of Sciences to assess whether the “Component 2” pay and hours-worked data just collected for calendar years 2017 and 2018 can be used effectively for flaggi


Memo
20-141
Friday, July 17, 2020

Employers looking for guidance from the Supreme Court on how or even whether salary history can be used as a factor in setting pay under the EPA will have to wait after the Court’s decision not to take up a case that might have resolved the issue.


Memo
20-123
Friday, June 26, 2020

Over the last year or so, and as the result of a series of lower court orders, covered employers filing EEO-1 reports with the EEOC were required to submit so-called “Component 2” pay and hours-worked data for calendar years 2017 and 2018. Although t


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