By Matthew J. Gagnon

Seyfarth Synopsis: One issue that has consistently divided the federal courts is whether an equal pay plaintiff can establish a prima faciecase of wage discrimination by pointing to a single comparator of the opposite sex who is paid more, even where other comparators are paid the same or even less. Two Appellate Courts recently passed on

Continue Reading Key Developments In Equal Pay Litigation: Appellate Courts Refuse To Clarify Proper Use Of A “One-Comparator Rule”

By Matthew J. Gagnon

Seyfarth Synopsis: It has been nearly a decade since some states began enacting changes to their equal pay statutes that appeared to some to differentiate those statues from the federal Equal Pay Act (“EPA”) in significant ways. Although those changes garnered plenty of press and speculation from commentators, the courts themselves have been rather slow to

Continue Reading Key Developments In Equal Pay Litigation: The Second Circuit Finally Sees Some Daylight Between Federal And State Equal Pay Statutes

By Matthew J. Gagnon

Seyfarth Synopsis: On October 17, 2023, the Second Circuit issued the eagerly-awaited decision in Eisenhauer v. Culinary Institute of America. The court clarified that the federal Equal Pay Act (“EPA”) never required employers to show that a “factor other than sex” must be related to the job in question, contrary to arguments by many plaintiffs

Continue Reading Second Circuit Clarifies That Federal Equal Pay Act Does Not Require “Factor Other Than Sex” Defense To Be Job Related

Seyfarth Synopsis: On Equal Pay Day 2023, Seyfarth’s Global Pay Equity Group is pleased to release four reference guides: Our updated 50 State Equal Pay Reference Guide, Developments in Equal Pay Litigation, and Global Pay Equity Desktop Reference Reports — and introducing our new Pay Transparency Wage Range Disclosure Compendium

On Tuesday, March 14th, Seyfarth attorneys

Continue Reading Equal Pay Day 2023: A Look Ahead into Trends in the Equal Pay Landscape

By Annette Tyman and Matthew J. Gagnon

On Tuesday, March 14th, Seyfarth attorneys Annette Tyman and Matthew J. Gagnon, will present a webinar entitled Equal Pay Day 2023: A Look Ahead into Trends in the Equal Pay Landscape.

Time of the event:

1:00 p.m. to 2:00 p.m. Eastern
12:00 p.m. to 1:00 p.m. Central
11:00 a.m. to 12:00 p.m.

Continue Reading Webinar: Equal Pay Day 2023: A Look Ahead into Trends in the Equal Pay Landscape

By Erin Hawthorne, Tessa Cranfield, and Daniel E. Waldman

Seyfarth Synopsis: For a variety of historical and social reasons, US law permits (and in some cases requires) employers to affirmatively track and provide opportunity to historically underrepresented groups in the workplace. Companies are permitted to (and in some cases must) gather data from candidates and employees regarding
Continue Reading American Companies Face Considerable Risks Implementing Their Diversity Plans Abroad

Seyfarth Synopsis: On Equal Pay Day 2021, Seyfarth’s Global Pay Equity Group is pleased to release three reference guides: the 2021 U.S. 50-State Pay Equity Desktop Reference, the 2021 Developments in Pay Litigation Report, and introducing the Global Pay Equity Desktop Reference.

It’s Equal Pay Day 2021.  What a year it has been.

Equal Pay Day 2020
Continue Reading Equal Pay Day 2021: What’s on the Horizon?

Seyfarth Synopsis: On Wednesday, March 24 at 12:00 p.m. Eastern, Seyfarth attorneys will present a webinar entitled Equal Pay Day 2021: US and Global Outlook and Trends.

Please join Seyfarth on Equal Pay Day for a presentation of Seyfarth’s Global Pay Equity Group, as we share our updated Annual 50-State Survey and Developments in Equal Pay Litigation reports,
Continue Reading Webinar: Equal Pay Day 2021: US and Global Outlook and Trends

By Matthew J. Gagnon and Benjamin I. Han

Seyfarth Synopsis: Pending federal bill H.R. 7, titled the Paycheck Fairness Act, could import into federal law some significant changes that have already been enacted in a few states around the country. If enacted, it could significantly alter (some would say eliminate) a key affirmative defense of the Equal Pay Act. Specifically,
Continue Reading Pondering The Future Of Equal Pay Litigation: What A “Business Necessity” Requirement Means For An Employer’s Defense Against Equal Pay Claims

By Matthew J. Gagnon and Benjamin I. Han

Seyfarth Synopsis: As the transition to a Biden administration draws near, what pay equity developments can employers expect under his presidency? An analysis comparing pending federal bill H.R. 7, titled the Paycheck Fairness Act, against state equal pay laws may offer some guidance, particularly in light of the uncertainty surrounding whether the
Continue Reading Equal Pay Litigation Update: Will Pay Equity Be Near The Top Of The Agenda For The New Biden Administration? Issues For Employers To Watch