Paycheck Fairness Act Fails in Senate

This week, the U.S. Senate failed to advance the Paycheck Fairness Act by a vote of 49 – 50. The legislation, which required 60 votes to clear the upper chamber, did not come close to reaching that threshold, without any Senate Republicans voting in favor. A declared priority of Senate Majority Leader Chuck Shumer (D-NY),…

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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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Pay Equity Bill Refiled in Congress

The federal Paycheck Fairness Act has been reintroduced in Congress for the current session, while another half-dozen state legislatures are considering similar mandates within their state borders. The federal legislation, filed by Connecticut Representative Rosa DeLauro, requires more transparency by companies regarding worker compensation and would also ban employers from asking applicants about their salary…

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Maryland Bans Takes Effect

In many, albeit not all states, the employment application process prohibits a potential employer from inquiring into a job applicant’s salary history, ostensibly to avoid perpetuating gender bias in employee compensation. Maryland joined the ranks of states that “banned the box” back in February as relates questions about an applicant’s criminal history, but the provisions…

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Philadelphia Salary History Ban

The City of Brotherly Love officially joins the list of governments prohibiting private employers from asking prospective job applicants about their salary history at the beginning of the month. The Philadelphia Wage Equity Ordinance becomes effective on September 1 after the U.S. Court of Appeals for the Third Circuit in February overturned a 2018 lower…

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Court Upholds Salary History Ban in Philadelphia

A ban on salary history inquiries by employers in the city of Brotherly Love was upheld by a federal court some three years after the challenge was filed by the Greater Philadelphia Chamber of Commerce. The U.S. Court of Appeals for the Third Circuit last week vacated a preliminary injunction that had been granted on…

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Approaching Deadlines: An Eye on the Calendar

As we’ve tried to do over the past several months, now seems a good time to advise you of state law changes that will be taking effect within a few weeks, on or around the first of November. Those of you who live or have business interests in Missouri, New York, Oklahoma and Virginia might…

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Maine Salary History Prohibition In Effect

Our friends at the Bennett Law Firm in Portland Maine reminded us that a new law banning employers from inquiring about a prospective employee’s salary history took effect this week. The prohibition, which formally took effect on September 18, exists until such time as the employer extends a job offer to the applicant that includes…

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Approaching Deadlines: An Eye on the Calendar

As we’ve done periodically over the past year, we want to advise you of some changes in various state laws that may impact your businesses so you’ll be better prepared when the calendar turns to October. Those of you with business interests in Arkansas, Delaware, Maryland, New York, Illinois, Vermont and Oregon may want to…

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Salary History and Plastic Bag Bans

State legislatures continue their parade to ban this or that from the business toolbox and this week we have 2 more with Delaware and New Jersey. Delaware Governor John Carney signed a new plastic bag ban on Monday of this week, making Delaware the 4th state in the nation to ban single-use plastic bags. The…

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