remote) or outside of Colorado, but posts the job by electronic means accessible in Colorado it must include compensation and benefits in the postings. . Please find the rest of this article on our Affirmative Action & OFCCP Law Advisor here. Prior pay, alone or in combination with other factors, is not a job-related “factor other than sex” that can be used to justify a difference in pay under the Equal Pay Act (EPA), a majority of judges on the U.S. Court of Appeals for the Ninth Circuit has held again. We will continue to digest the INFO guidance and provide updates soon. The report notes, “The legal function, while not owning the process are often an integral part of the team, esp., in larger organizations.” The bottom line is pay equity analyses can be protected by the attorney-client privilege only if the analyses are conducted at the direction of counsel for the purpose of providing legal advice and are kept confidential. Of primary concern to employers were the proposed rules job posting requirements for promotional opportunities and compensation disclosure requirement. If you have any questions about these Opinion Letters or any other wage and hour issue, please consult the Jackson Lewis attorney(s) with whom you regularly work. Both California and non-California employees count toward determining if an employer meets the 100-employee threshold. Broader Definition for “Comparators.” The new law expands the definition of applicable comparators. 778.202(a)).  Both the scope and the content of the required postings were topics of discussion during the public comment period. New Jersey Division on Civil Rights Releases Enforcement Guidance on State Equal Pay Act By James M. McDonnell and Justin B. Cutlip on … In the next chapter of the EEO pay data collection story, the EEOC announced today it has contracted with the National Academies of Sciences, Engineering, and Medicine’s Committee on National Statistics (CNSTAT) to, “conduct an independent assessment of the quality and utility of the EEO-1 Component 2 data for FY 2017 and 2018.”. Please find the rest of this article on the Jackson Lewis Publications page here. Menu. Please find the rest of this article on our Affirmative Action & OFCCP Law Advisor. It seems the end has finally come for at least one part of the pay data reporting story. Employers may exclude out-of-state employees from the submission. Are You Ready? At the end of California’s 2020 legislative session, Governor Newsom signed Senate Bill 973 (SB 973), which created pay data reporting requirements for employers starting in March 2021. Copyright © 2021, Jackson Lewis P.C. However, the new legislation left some uncertainty for employers in several areas. The DFEH also contemplates reporting in a manner that permits California employers to report females, males, and non-binary employees separately. The INFO further confirms that while multi-state employers need not include compensation or benefits in notices to Colorado employees for positions outside of Colorado, it must notify Colorado employees of such promotional opportunities. is a law firm with more than 900 attorneys in major cities nationwide serving clients across a wide range of practices and industries. is a law firm with more than 900 attorneys in major cities nationwide serving clients across a wide range of practices and industries. On appeal to the U.S. Supreme Court, the Supreme Court remanded the case because the authoring judge (Judge Stephen Reinhardt) passed away before publication of the opinion. Having built its reputation on providing premier workplace law representation to management, the firm has grown to include leading practices in the areas of government relations, healthcare and sports law.  Positively, the final rules provide clarity around what constitutes a “promotional opportunity” and limit the requirement to include compensation information in postings to only those jobs to be performed in, or that are advertised in, Colorado. Having built its reputation on providing premier workplace law representation to management, the firm has grown to include leading practices in the areas of government relations, healthcare and sports law. No Inquiries into Salary History. Print: Email Tweet Like LinkedIn. Despite its request to close the pay data reporting portal, Judge Chutkan has ordered EEOC to continue to keep the EEO-1 Component 2 Pay Data Reporting Portal open to allow more filers to submit their pay data. The company must also notify its employees for whom the job would be a promotion.  Essentially, if a Colorado employee (or resident) can apply for the position (even if the role is outside of Colorado) the posting must comply with the transparency regulations. Costs and reasonable attorney’s fees; and. Request or require that an applicant disclose his or her salary history as a condition of employment. Salaries at Jackson Lewis Llp range from an average of $43,674 to $126,590 a year. Jan 2018 – Present 1 year 11 months. Employees outside California “count” toward 100-employee threshold. Total number of hours worked by each employee in each pay band; “Reporting Year,” “Snapshot Period,” “Report Type (establishment or consolidated),” and total number of reports submitted by the employer; Employer’s name, address, headquarters’ address (if different), Employer Identification Number, North American Industry Classification System (NAICS) Code, and Dun and Bradstreet Number; Number of employees inside and outside of California; Number of establishments inside and outside of California; Whether the employer is a state contractor; Name and address of the employer’s parent company or companies, if applicable; For a multiple-establishment employer’s establishment reports, the establishment’s name, address, number of employees, and major activity; For a multiple-establishment employer’s consolidated report, the names and addresses of the establishments covered by the consolidated report; Certification that the information is accurate; and. This is not an unexpected move and in large part, anticipated, especially after remarks by Commissioner Victoria Lipnic and others after the Agency collected the data as required by court order last year. Services Jackson Lewis provides comprehensive legal advice, counseling and representation to plan sponsors, plan fiduciaries, insurers and employee pension, health and welfare and fringe benefit plans relating to:. Based on the following CDLE example, it is difficult to imagine an instance not covered by the Rules: An employer automatically advances every Apprentice 1 to an Apprentice 2 when the employee passes a competency test. In the next chapter of the pay data reporting saga, the EEOC has filed a Motion with the court seeking an order “determining that the EEO-1 Component 2 data collection is deemed complete.”  The EEOC is reporting that, “as October 8, 2019, 75.9% of eligible filers had submitted Component 2 data.”. 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