September 10, 2024
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Category: Compensation

Private Right of Action Fuels Pay Transparency Litigation in Washington State

Washington state’s pay transparency law has generated a lot of litigation against employers since it took effect in 2023. Unlike most other state pay transparency laws, Washington’s Equal Pay and Opportunities Act (EPOA) contains a private right of action that permits employees and job applicants to sue employers for alleged infractions. Based on the impact of the controversial Washington law...
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August 28, 2024
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Category: State and Local Law

CWC Interstate: August 2024 Update

This Interstate memo covers state developments since July, including: California: Assembly Bill 2288/Senate Bill 92 amends the Private Attorneys General Act (PAGA). Illinois: SB 3649 effectively bans captive audience meetings. Illinois: HB 3773 clarifies that employers may not use artificial intelligence (AI) that discriminates based on protected characteristics and that employers must notify applicants and employees before using AI in employment-related decisions. Illinois: H.B....
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August 20, 2024
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Category: Compensation

Massachusetts Latest State To Require Pay Ranges in Job Postings

Massachusetts has become the latest state to require covered employers to post salary ranges in their job listings. H.4890, signed into law by Governor Healey on July 31, 2024, will require employers with 25 or more employees in Massachusetts to disclose pay ranges in job postings and provide a pay range to employees to whom they offer a transfer or...
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August 12, 2024
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Category: State and Local Law

California Overhauls Its Private Attorneys General Act (PAGA)

On July 1, 2024, California Governor Gavin Newsom signed Assembly Bill 2288/Senate Bill 92, which amends the state’s controversial Private Attorneys General Act (PAGA). PAGA allows employees to sue their employers for labor code violations and recover monetary rewards on behalf of themselves, other aggrieved employees, and the state. The PAGA revisions—which apply retroactively to PAGA civil actions brought on...
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July 09, 2024
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Category: State and Local Law

CWC Interstate: July 2024 Update

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, presents a new Interstate memo that reports on state and local compliance requirements and laws enacted since May 2024. Some of the laws on which we report relate to the effects of technology, specifically artificial intelligence (AI) discrimination in California and biometric privacy in Illinois. Other laws concern wages,...
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June 27, 2024
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Category: Compliance Reporting and Recordkeeping

New Illinois Pay Reporting Recertification Notices Mistakenly Request Data From Wrong Year

The Illinois Department of Labor (IDOL) is issuing notices to remind employers that they must obtain a new Equal Pay Registration Certificate (EPRC) in 2024 if they obtained their initial EPRC in 2022. However, the state’s reminders included the wrong date for the employee-level compensation data that they must submit. Some of IDOL’s recertification notice emails to employers erroneously stated...
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June 17, 2024
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Category: Artificial Intelligence

New Online Resource Covering State and Local Workplace-Related AI Laws

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has launched a State and Local AI Laws resource online. This new resource is designed to keep our members apprised of the growing number of state and local laws that govern the use of artificial intelligence in making employment decisions. Among the laws summarized in CWC’s new resource are...
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June 06, 2024
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Category: Artificial Intelligence

Colorado First State To Enact Expansive Law Governing Workplace Use of High Risk AI Systems

Colorado has enacted a first-of-its-kind state law (SB 24-205) that establishes comprehensive compliance obligations for covered employers that use high-risk artificial intelligence systems to assist in employment-related decisions. Subject to numerous exceptions, the statute defines “high-risk” AI systems as artificial intelligence systems that make or are a substantial factor in making a consequential decision. The statute defines a "consequential decision”...
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May 29, 2024
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Category: State and Local Law

CWC Interstate: May 2024 Update

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, presents a round-up of employment-related state and local laws that have come to its attention since its last update in April. Topics involving more than one state include paid leave in Illinois, Maryland, and New York; and the addition of protected classes to equal pay laws in both Maryland...
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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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