Lynne Anderson Comments on California Law Requiring Employers to Report Pay Info by Gender and Race

In the article “California Steps Up to Collect Pay Data, With Feds at Square One,” Bloomberg Law reports on new California legislation that authorizes a collection of wage data, broken down by race, sex, ethnicity, and job category, on or before March 31, 2021.

The legal industry publication turned to labor and employment partner Lynne Anderson for insight on the law and whether other states may follow suit.

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Update: California Leads the Way for Pay Data Collection and Reporting

On September 30, 2020, California Governor Newsom signed into law Senate Bill 973, which requires California private employers with 100 or more employees to submit an annual pay data report to the state’s Department of Fair Employment and Housing beginning on March 31, 2021. See our previous alert for additional details. We recommend that employers with 100 or more employees in California work with legal counsel as soon as possible to conduct privileged pay audits prior to collecting pay data and submitting the report to California.

California Leads the Way for Pay Data Collection and Reporting

With the Equal Employment Opportunity Commission’s (EEOC) announcement that it would abandon current efforts to collect the controversial Component 2 pay data, California has taken the first step in filling the void left behind by seeking to enact a state law requirement to collect employee compensation.

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Independent Study of EEOC 2017 and 2018 Pay Data Underway

On July 16, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) announced that the National Acad­emies of Sciences, Engineering, and Medicine’s Committee on National Statistics (CNSTAT) will conduct an independent study of the EEOC’s Employer Information Report (EEO-1 Report) Component 2 data, which was collected last year. Pursuant to a court order, covered employers were required to provide new Component 2 EEO-1 data reports for two years of their employees’ W-2 wage information and total hours worked in 12 pay bands by gender, race and ethnicity. The collection ultimately sought pay data for fiscal years 2017 and 2018 and was due on September 30, 2019.

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What Does New Jersey’s Lifting of the Stay-At-Home Order Mean for Office-Based Workers? … Not Much.

On June 1, 2020, New Jersey Governor Phil Murphy announced that the state is on track and expected to enter Stage/Phase 2 of the Restart and Recovery Plan on June 15, 2020, which will permit nonessential retail businesses to reopen to the public and permit in-person outdoor dining, so long as required social distancing and other mitigation protocols are followed. Personal care service providers, such as hair salons, nail salons and barber shops are scheduled to reopen on June 22, 2020.

On June 9, 2020, Governor Murphy signed Executive Order No. 153, lifting the stay-at-home order that had been in place since March 21, 2020. Executive Order No. 153 states, among other things, “Paragraph 2 of Executive Order No. 107 (2020), which requires New Jersey residents to remain home or at their place of residence with limited exceptions, is hereby rescinded.”

Continue reading “What Does New Jersey’s Lifting of the Stay-At-Home Order Mean for Office-Based Workers? … Not Much.”

The COVID-19 Toolkit: What Businesses Need to Know as States Reopen

As return-to-work orders begin to take effect across the country, businesses have started to emerge from the shadow of COVID-19. This can be a daunting challenge. Extended shutdowns have put many companies on unsure financial footing, leading to a rush to reengage in revenue-generating activities. At the same time, the risk of disease transmission remains potentially high, and businesses must protect their workforces and customers from unnecessary exposure. Balancing these competing forces, while also remaining legally compliant, is no small task.

For the full alert, visit the Faegre Drinker website.