By: Shabbi S. Khan, Natasha Allen, David W. Kantaros, Chanley T. Howell, Graham P. MacEwan, and Avi B. Ginsberg, FOLEY & LARDNER LLP
THIS ARTICLE DISCUSSES KEY CONSIDERATIONS IN MERGERS AND ACQUISITIONS...
By: Kirk A. Sigmon BANNER WITCOFF
THIS ARTICLE DISCUSSES PATENTING ARTIFICIAL (AI), MACHING LEARNING (ML), AND RELATED INVENTIONS.
It provides a high-level overview of AI and ML, offers tips for drafting...
By: Rose J. Hunter Jones, Kassi R. Burns, and Meredith A. Perlman, KING & SPALDING
THIS ARTICLE DISCUSSES BEST PRACTICES AND STRATEGIC INSIGHTS LITIGATORS SHOULD CONSIDER IN A FEDERAL COURT LITIGATION...
By: Practical Guidance Real Estate, Construction, and Finance Attorney Teams
PRACTICAL GUIDANCE RECENTLY COMPLETE ITS ANNUAL PROVATE MARKET DATA REAL ESTATE SURVEY. This survey, which ran from August...
By: D. Reed Freeman Jr., ARENTFOX SCHIFF LLP
THIS ARTICLE DISCUSSES THE PRINCIPLE OF DATA MINIMIZATION in the context of commercial applications of generative artificial intelligence (GenAI) technology...
Copyright © 2023 LexisNexis and/or its Licensors.
This checklist provides guidance on pay disclosure laws cropping up around the country.
One of the goals of these laws is to provide workers with more information regarding an employer’s pay practices so they have greater leverage to discuss and negotiate their salaries. The broader objective of these laws is to help close the wage gap between women and men.
As these salary transparency laws proliferate coast to coast, the increasing patchwork of laws can be difficult to navigate. The problem facing employment lawyers is that this legislative trend is accelerating quickly and taking a variety of forms, making it difficult to have a clear handle on compliance. This checklist aims to simplify this compliance challenge for employment attorneys.
The first sweeping state law to be passed governing pay equity took place in California with the California Fair Pay Act (applicable to employers starting on January 1, 2016).1 It amended the California Equal Pay Act and created a new standard of equal pay for substantially similar work.
Below is a summary of states and localities that have laws on pay transparency in job postings.
Below is a summary of states that have laws prohibiting employers from preventing their employees from disclosing their pay to each other.
Below is a summary of states and localities that have laws prohibiting employers from asking about prospective employees’ salary histories.
To navigate this patchwork of salary transparency laws, here are key elements of pay disclosure requirement laws at the state and local levels to consider:
Employers should consider the following steps when handling pay transparency issues:
Pay disclosure requirements will continue to proliferate and there may soon be similar legislation across many more states and localities. Stay apprised of the latest legislative and regulatory developments governing salary transparency to mitigate compliance risk and to provide the best possible counsel to clients.
Adapted with permission from an earlier version that first appeared on Legal Dive as “How in-house counsel can navigate pay disclosure laws.”
To find this article in Practical Guidance, follow this research path:
RESEARCH PATH: Labor & Employment > Screening and Hiring > Checklists
For a full listing of materials on recruiting, screening, testing, hiring, and onboarding, see
> SCREENING AND HIRING RESOURCE KIT
> PAY DISCLOSURE REQUIREMENTS FOR JOB POSTINGS STATE AND LOCAL LAW SURVEY (PRIVATE EMPLOYERS)
For a reference guide to state and local laws governing employer inquiries into a prospective employee’s pay and salary history during the application and hiring process, see
> SALARY HISTORY INQUIRY BAN STATE AND LOCAL LAW SURVEY
For a list of all state laws regarding prohibitions on employers preventing their employees from sharing their pay information, see
> WAGE TRANSPARENCY STATE LAW SURVEY: BANS ON EMPLOYERS PREVENTING EMPLOYEES FROM DISCUSSING THEIR PAY
For an overview on the attorney-client privilege and work product protection and how to preserve these safeguards during workplace internal investigations. see
> ATTORNEY-CLIENT PRIVILEGE AND WORK PRODUCT PROTECTION IN WORKPLACE INVESTIGATIONS
For a video that provides guidance on pay equity audits, see
> PAY EQUITY AUDITS VIDEO
> PAY EQUITY AUDITS: BEST PRACTICES