California Equal Pay Act expansion takes effect January 1

December 19, 2016 0 COMMENTS

by Cathleen S. Yonahara
Freeland Cooper & Foreman LLP

California’s equal pay law will provide protections for race and ethnicity as well as gender as of January 1, 2017.

Since 1949, California law has prohibited gender-based wage discrimination, and in 2015, that protection was expanded to require equal pay for men and women who perform “substantially similar” work for an employer regardless of their location and to place the burden of proof on the employer to demonstrate that any pay gap is due to nondiscriminatory factors.

Effective January 1, the law also will protect employees from disparities in pay based on ethnicity. The new prohibitions on wage differentials based on ethnicity track the prohibitions on wage differentials based on gender. The employer bears the burden of proving that a wage differential is based on: read more…

New Mexico pay equity law takes effect

May 28, 2013 0 COMMENTS

by Robert P. Tinnin, Jr.

New Mexico’s Fair Pay for Women Act (FPWA) goes into effect June 14, affecting all employers with at least four employees.

The law prohibits discrimination on the basis of sex “by paying wages to employees . . . at a rate less than the rate that the employer pays wages to employees of the opposite sex in the establishment for equal work on jobs[,] the performance of which requires equal skill, effort and responsibility and that are performed under similar working conditions.”

The law includes an exception for payments made under a seniority system, a merit system, or a “system that measures earnings by quality or quantity of production.” It prohibits retaliation in the form of discriminating against an employee for (1) asserting a claim under the FPWA, (2) assisting another person in doing so, or (3) “informing another person about employment rights or other rights provided by law.”

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Solis, Ledbetter Promote Paycheck Fairness Act in DOL Webcast

September 21, 2010 4 COMMENTS

This morning, Secretary of Labor Hilda Solis hosted a live webcast promoting the passage of and fielding audience questions about the Paycheck Fairness Act (PFA).

The webcast, which featured Lilly Ledbetter as cohost, emphasized the current administration’s efforts to eliminate wage discrimination while promoting wage transparency in the workplace, noting that passage of the PFA is now the next in a long series of steps toward wage equality.

The PFA would amend the Equal Pay Act of 1963 (EPA) in numerous ways, including: read more…