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20220922 | DE Masterclass Employment Law Roundtable | State Salary Transparency Laws for Private Employers 

09-22-2022 02:49 PM

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More and more states are jumping into the pay discrimination debate sweeping the nation. Every few months yet another state joins the fray by introducing and passing laws requiring employers to provide both applicants and employees increasingly detailed information about the compensation the employer pays, or will pay, to the employee’s colleagues. The idea which is gaining hold among state legislators is that these state “pay transparency” laws will better position employees to be their own advocates for non-discriminatory pay and lift some of the burdens of investigation from the shoulders of state investigators. These transparency laws have also gained acceptance because they feed the average jealous employee’s seemingly innate need to know: “What is Joe getting paid?”

To help you keep track of the increasingly dizzying array of state transparency laws, our panel will first catalog the current batch of state transparency laws (different from pay reporting laws) and then discuss the specific compliance requirements in each state. The discussion will point out differences in the transparency model each state has adopted, including discussion of which require disclosure of pay rates and salary ranges in state job “postings” (as opposed to VEVRAA-required “job listings”) so your recruiting materials may stay current.

They will also discuss the pending new and controversial pay transparency laws coming to New York and California and will conclude by:

- providing an HR perspective as to how employers may balance the duty to provide these new information rights to their employees;
- how to deal with incumbents learning from new job postings that new hires are earning more than they are;
- how to take steps to protect your company as much as you can from competitors now eagerly vacuuming up information about your newly public pay scale

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