Earlier this week, Senators Patty Murray (D-WA) and Deb Fischer (R-NE) attempted to force passage of two pay-related bills. The promotion of rival legislation was likely a symbolic nod to Equal Pay Day, commemorated on April 12. While both efforts predictably failed, this does not mean the push for equal pay is a dead issue. To the contrary, recent efforts by federal agencies and state legislatures indicate this issue will remain active in the months ahead.
Articles Discussing Equal Pay In The Workplace.
National Equal Pay Day 2016
April 12, 2016 is National Equal Pay Day – the date which symbolizes the additional days into the current year women must work, on average, to reach the average pay of men during the previous year.
The UK Continues to Take Aim at the Gender Pay Gap
More than 35 years after the United Kingdom’s Equal Pay Act was introduced, recently released statistics show a 19.2 percent gap in average full time salaries between men and women.
EEOC Releases Proposed Rule to Collect Pay Data from Employers
On the anniversary of President Barack Obama signing the Lilly Ledbetter Fair Pay Act, the Equal Employment Opportunity Commission has announced proposed changes to its EEO-1 report, requiring employers to submit employee W-2 earnings and hours worked. All employers with at least 100 employees would be required to comply. EEOC and the Office of Federal Contract Compliance Programs (OFCCP) would jointly have access to the pay data for enforcement purposes.
EEOC Seeks Input on Proposed Pay Data Collection Requirements and Retaliation Enforcement Guidance
The Equal Employment Opportunity Commission is soliciting public comments on two proposed policy changes that could have a significant impact on employers. The agency plans to require companies with 100 or more employees to include pay data as part of their Employer Information Report (EEO-1) form submissions, and issue enforcement guidance on unlawful retaliation.
Senate Advances Paycheck Fairness Act
Senate Democrats continue to push pay equity as a pre-November election theme. On Wednesday, the Paycheck Fairness Act (S. 2199) resurfaced to serve this purpose. Supporters of the bill needed at least 60 votes on a motion to proceed to consideration of the measure. The chamber voted 73-25 in favor of proceeding.
Senate Once Again Blocks Paycheck Fairness Act
As expected, Senate supporters of the Paycheck Fairness Act (S. 2199) failed to muster the 60 votes needed to advance the bill to a floor vote. This bill would have, among other things, expanded damages available under the Equal Pay Act (EPA) to include potentially unlimited compensatory and punitive awards for wage discrimination; weakened an employer’s ability to raise the “factor other than sex” affirmative defense in a wage discrimination case; eased the requirements for bringing a class action lawsuit under the EPA; made it unlawful for an employer to prevent employees from discussing or comparing salaries; and imposed additional compensation reporting requirements on employers. The measure needed an additional six votes to ensure filibuster-proof consideration.
President Obama Poised to Enact Provisions of Paycheck Fairness Act Through Executive Action
Because the House of Representatives is not expected to consider the Paycheck Fairness Act (S. 2199) this term, President Obama will reportedly implement provisions of this measure applicable to federal contractors via Executive actions on Tuesday. The move will coincide with Equal Pay Day, and is the latest in a series of recent Presidential actions designed to implement employment law reform by bypassing Congress.
Senate Committee Discusses Paycheck Fairness Act
In advance of an expected floor vote, the Senate Committee on Health, Education, Labor and Pensions held a hearing on April 1 to discuss the merits of the Paycheck Fairness Act (S. 84). Sen. Barbara A. Mikulski (MD), chief sponsor of the legislation, said the Senate needs to “finish the job started by the Lily Ledbetter” Fair Pay Act. The bill, which has been introduced several times in the last few years but has failed to advance, would make the following changes to current wage law: