May 15, 2024
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Category: Compensation

Highlights From CWC’s Web Workshop on DOL’s New “White Collar” Overtime Regulations

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, held a members-only web workshop May 7, 2024, to discuss the Labor Department’s new white-collar overtime regulations, which will take effect July 1, 2024. DOL’s rule increases the minimum amount that a salaried employee must be paid to be exempt from overtime pay—from the current $684 per week to...
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May 13, 2024
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Category: Compensation

Washington State’s Pay Transparency Law Is Spurring Litigation

Two recent lawsuits brought under Washington state’s salary range disclosure law offer insights into various possible outcomes under the statute as lawsuits begin playing out in court. In Atkinson v. Aaron’s LLC, the U.S. District Court for the Western District of Washington dismissed a job applicant’s claim, finding that he lacked standing to sue because he had not suffered a...
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April 08, 2024
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Category: Comment Letter

CWC Files Comments on Proposed Federal Contractor Pay Transparency Regulations

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has filed comments with the White House Office of Federal Procurement Policy (OFPP) and the Federal Acquisition Regulatory (FAR) Council in response to the proposed rule on Pay Equity and Transparency in Federal Contracting. The proposal would require contractors to disclose salary and benefits in advertisements for jobs to be...
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February 26, 2024
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Category: Compensation

OFCCP Publishes FAQs on Using Pay History in Making Employment Decisions

As part of the Biden administration’s effort to keep pay equity in the forefront as a domestic policy priority, the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has published a set of 10 Frequently Asked Questions (FAQs) that reiterate longstanding employment law principles on the role of pay history in employment decisions. OFCCP issued the FAQs on January...
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February 01, 2024
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Category: Compensation

Biden Administration Proposes Pay Range Disclosure Rule for Federal Contractors

The Federal Acquisition Regulatory (FAR) Council has proposed a new pay transparency rule that would require federal contractors to disclose pay ranges for all open jobs on or in connection with covered federal contracts. Two years after President Biden issued an Executive Order calling for pay transparency in federal contracting, the Biden Administration published its proposal in the Federal Register on January...
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January 30, 2024
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Category: Compensation

Most Recent Annual BLS Gender Pay Gap Survey (2023) Shows Narrowest Margin Yet Recorded

The wage gap percentage between women and men was 16.2% at the end of 2023, according to a report from the Labor Department’s Bureau of Labor Statistics. The 16.2% wage gap is the narrowest margin reported since BLS began conducting the survey in 1979, when the gap was 37.7%. Although the wage gap has been narrowing steadily, progress has been...
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December 20, 2023
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Category: Compensation

Colorado Issues Regulatory Guidance on Its Recently Amended Pay Transparency Law

The Colorado Department of Labor and Employment (CDLE) has issued regulatory guidance on the state’s recently amended and highly prescriptive Equal Pay for Equal Work Act. The amendments go into effect January 1, 2024. Since 2021, the law has required covered employers operating in Colorado to: (1) include pay ranges in job postings for all jobs that could be performed in the...
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October 23, 2023
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Category: Compensation

Recent Equal Pay Case Illustrates How Federal and State Law Outcomes Can Vary

A recent equal pay discrimination ruling by the U.S. Court of Appeals for the Second Circuit serves as a reminder that a court can reach different outcomes depending on whether it is applying federal law or a more expansive state law. In Eisenhauer v. Culinary Institute of America, a female professor for the Culinary Institute of America sued under both New York...
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September 19, 2023
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Category: Compensation

State and Local Pay Transparency Law Update: Stay Current With CWC’s Online Resource

Over the past two years, there has been a proliferation of state and local laws that require covered employers to include hourly pay or salary ranges in their job postings. These laws have created compliance challenges, especially for employers with multi-state operations. The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, offers a Pay Transparency Requirements resource, available online in...
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May 17, 2023
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Category: Compensation

Equal Pay Act Ruling by Federal Circuit Harmonizes Law on “Prima Facie” Case

In a recent ruling under the Equal Pay Act (EPA), the U.S. Court of Appeals for the Federal Circuit applied the same standard for establishing a prima facie case to suits arising from the federal sector as courts use for EPA cases arising in the private sector. While the decision in Moore v. United States, (Fed. Cir. April 28, 2023), involves...
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