Court Validates Salary History Consideration

According to a federal District Court in Virginia, the use of salary history in employment decisions is a reasonable – and legal – tool for employers to consider in making employment decisions. Early this month, the court applied a precedent set by the Fourth Circuit Court of Appeals (Spenser v. Virginia State University) versus a…

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States Tee Up More Employment Laws

A quick glance at some of the legislation pending in the current legislative sessions – which have mostly just begun – give us some cause for concern in a number of states. California, of course, has a selection of bills pending that would be largely detrimental to business interests. Perhaps most egregious is a bill…

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Making a List and Checking It Twice

That lyric from a timeless Christmas classic shouldn’t only apply to Santa at this time of year, but also to every small businessman and woman across the country. Your list however, should be of what legal and regulatory changes will be taking effect on January 1, rather than who’s been naughty or nice! In that…

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Massachusetts Pay Equity Law Starts July 1

Beginning on the first of next month, a new revision of the existing Massachusetts Equal Pay Act (MEPA) goes into effect and business owners need to be aware of its provisions. The changes establish tough new penalties for employers who violate pay equity in the Commonwealth, including twice the amount of unpaid wages owed –…

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New Jersey Does Pay Equity & Sick Leave

In the past two weeks, New Jersey Governor Phil Murphy has signed two bills into law that his predecessor, Republican Chris Christie, had held at bay for years. The Diane B. Allen Equal Pay Act cleared the legislature earlier in April and Murphy, who had campaigned on the issue, made good on his promise to…

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More on Pay Equity

As proof of the proliferation of pay equity laws and new restrictions on the hiring process, we noted that New York Governor Andrew Cuomo has proposed legislation that would ban private employers from inquiring into or considering an applicant’s salary history when setting compensation. Last year, he issued Executive Orders #161 and #162, which prohibit…

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Little Rhody, Big Problem

Rhode Island has its own version of a pay equity law moving through its legislature that gives us great cause for concern. So much so that we wanted to separately identify it for you here! This week, the Senate Labor Committee unanimously recommended passage of S.2475, which allows employees to be paid differently if the…

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Christie Vetoes Equal Pay Bill in NJ

Last week, we advised that the US Senate had blocked the Paycheck Fairness Act, which would provide many more opportunities to sue employers.  This week, we can advise you that this past Monday, New Jersey Governor Chris Christie conditionally vetoed a similar bill (S.992) at the state level.  Primarily, he objected to a particular provision…

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California Has New Equal Pay Law But Not Fair Franchising

California Governor Gerry Brown, who last week made doctor-prescribed suicide legal in California and this week signed into law the strongest equal pay law in the nation, has yet to give any indication on what, if anything, he might do regarding the California Franchise Relations Act (fair franchising).  The franchising legislation passed both branches unanimously…

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