Jackson Lewis P.C. • December 17, 2019
In a closely-split decision by the full court of appeals, the Eleventh Circuit has held that the plaintiffs lacked standing to pursue their claims against the named defendants in the lawsuit, specifically, the Attorney General for the State of Alabama. As a result, the Court of Appeals had no authority to determine whether the plaintiffs’ equal protection claim might survive on its merits. Lewis v. Governor of Alabama, 2019 U.S. App. LEXIS 36857 (11th Cir. Dec. 13, 2019) (en banc).
Ogletree Deakins • September 02, 2019
Alabama became the 49th state to adopt equal pay legislation when Governor Kay Ivey signed the Clarke-Figures Equal Pay Act (CFEPA) on June 11, 2019. The CFEPA, effective September 1, 2019, prohibits an employer from paying an employee less than another employee of a different race or sex for equal work.
Fisher Phillips • August 13, 2019
The State of Alabama passed an Equal Pay Act in the 2019 legislative session that is set to take effect on September 1, 2019. Employers must begin their preparations to comply with the law now because there are new timekeeping and wage records that will be required of all employers in Alabama as a result.
FordHarrison LLP • June 19, 2019
On June 11, 2019, Alabama Governor Kay Ivey signed into law the Clark-Figures Equal Pay Act (the “Alabama EPA”). The Alabama EPA provides that it shall be unlawful for an employer to “pay any of its employees at wage rates less than those paid to employees of another sex or race for equal work within the same establishment on jobs the performance of which requires equal skill, effort, and responsibility, and performance under similar working conditions.” The Alabama EPA takes effect September 1, 2019. Previously, employers and employees in Alabama were subject to the federal Equal Pay Act (the “EPA”). Similar to the EPA, no discriminatory intent has to be proven under the Alabama EPA, and an employee can recover the wage differential plus interest. In contrast to the EPA, the Alabama EPA does not permit recovery of liquidated damages (double the amount of the wage differential) or attorneys’ fees. Also in contrast to the EPA, the Alabama EPA requires parity in wages based on race as well as sex. The Alabama EPA specifically permits wage differentials resulting from a merit system, a seniority system, or a system that measures earnings by quantity or quality of production. An employer also may raise a defense that the wage differential was based on a factor other than sex or race, although the final version of the Alabama EPA does not provide any examples of such factors.
Littler Mendelson, P.C. • June 14, 2019
On June 10, 2019, Alabama enacted the state’s first wage equity law. The Clarke-Figures Equal Pay Act (CFEPA) mimics, in large portion, the federal Equal Pay Act (EPA), but includes race as a protected classification in addition to sex. The CFEPA also prohibits retaliation based on an applicants’ failure or refusal to provide their wage history and sets forth employer recordkeeping requirements. Employers of any size are subject to the act. There is no small employer exception. The CFEPA takes effect September 1, 2019.
Franczek Radelet P.C • June 12, 2019
On June 11, 2019, Alabama Governor Kay Ivey signed a new law that prohibits wage discrimination based upon sex and protects workers who decline to share their salary history with a prospective employer. The new law takes effect August 1, 2019. Unlike laws in some other states, the Alabama law does not bar employers from asking for salary history information, but prohibits employers from refusing to interview or hire applicants who decline to provide such information.
Jackson Lewis P.C. • June 12, 2019
Yesterday, Alabama’s Governor, Kay Ivey, signed a new law that would prohibit employers from paying less for the same work on the basis of gender or race. After both the House and the Senate approved the bill, it was sent back with an executive amendment from Governor Ivey on May 30, 2019. Upon approval of that amendment by the Alabama House and Senate, the law just received the necessary executive signature for enactment. With the passage of this law, titled the Clarke-Figures Equal Pay Act, only Mississippi remains without any state equal pay legislation in place.
Ogletree Deakins • June 12, 2019
On June 11, 2019, Governor Kay Ivey signed Alabama House Bill 225, making Alabama the 49th state to adopt equal pay legislation.
Ogletree Deakins • June 09, 2019
Federal law already prohibits employers from paying an employee less than employees of another sex for equal work, unless the employer bases the wage difference on statutorily defined factors. Alabama and Mississippi were the only two states without corresponding state-specific laws until Representative Adline Clarke, D-Mobile, introduced Alabama House Bill 225 on March 19, 2019. The Alabama Senate voted unanimously to approve the bill, with amendments, and the Alabama House of Representatives unanimously passed the Clarke-Figures Equal Pay Act on May 30, 2019.
Ogletree Deakins • May 30, 2019
On May 21, 2019, Alabama Governor Kay Ivey signed Act 2019-204. This legislation, introduced initially in the Alabama Senate, links an employee’s maximum weekly unemployment benefits and their duration to the state’s unemployment rate.