Pay Equity Bulletin
April 10, 2023
Pay Equity Bulletin: Spring 2023
This winter brought significant developments in pay equity matters. March 14 marked Equal Pay Day for women, which should serve as a reminder for employers to conduct pay equity assessments on a regular basis in order to avoid enforcement actions and legal claims related to unequal pay.
In addition, a number of states implemented or passed laws requiring the disclosure of pay ranges in job postings that will cover any employer posting positions for remote work that can be performed in those states.
U.S. Marks Equal Pay Day
Tuesday, March 14 was Equal Pay Day for 2023. Equal Pay Day is not attached to a particular date but instead marks the day each year that women catch up to the earnings of men for the prior year. Women on average still earn only 84 cents on each dollar a man earns, and the figure is significantly worse for many minority women. Equal Pay Day should serve as a yearly reminder to employers to assess their pay practices for discrimination. Employers that assess their compensation structure through pay equity audits are less likely to attract enforcement actions and costly litigation.
While the federal government took no significant action on Equal Pay Day to advance pay equity, statements from leadership in the Biden administration emphasize that the administration remains ready and willing to bring enforcement actions against employers with discriminatory pay practices. On Equal Pay Day, Charlotte Burrows, Chair of the Equal Employment Opportunity Commission (EEOC), issued a statement touting the accomplishments made towards equal pay since Equal Pay Day was instituted in 1996, when the event came a month later. But Chair Burrows cautioned that “[w]hile we have gradually chipped away at the gender pay gap, we still have significant work to do.” President Biden marked the day by issuing a Proclamation calling on Congress to pass the Paycheck Fairness Act, which would make it more difficult for employers to defend pay disparities in legal proceedings and would make it largely unlawful for employers to make decisions about compensation for new employees based on past compensation history.
The Acting Secretary of Labor, Julie Su, also issued press release noting what DOL is doing to close the pay gap and specifically noting OFCCP’s issuance of a fact sheet on proactive approaches to pay equity. Former OFCCP Director Jenny Yang posted on the DOL blog, Recommitting to Pay Equity on Equal Pay Day, in which she outlined how to improve pay equity, concluding that “[p]ay equity benefits all workers and the economy.”
Woman do not just lag behind men in compensation. According to a U.S. Government Accountability Office report released on Equal Pay Day, they are also underrepresented in management positions. Moreover, women compromise only 10% of the CEOs of Fortune 500 companies.
Remote Workers Covered by New Pay Range Disclosure Laws
This winter there have been significant developments regarding pay transparency laws across the country. New York State enacted a law requiring disclosure of pay ranges in job advertisements and California and Washington State issued much needed guidance for employers seeking to comply with similar laws that went into effect in those states on January 1. Employers should be paying attention to these laws regardless of whether they have worksites New York, California, or Washington because postings for remote work in those states will be covered.
- On December 21, 2022, New York Governor Kathy Hochul signed into law a bill requiring employers with four or more employees to include wage or salary ranges in all advertisements for hire, promotion, or transfer. The law would apply to all jobs “that can or will be performed, at least in part, in the State of New York.” The law extends to remote workers located in New York and is set to go into effect on September 17, 2023.
- Also in December, California and Washington State released guidance to assist employers in complying with their laws requiring disclosure of pay ranges in job postings. According to the guidance documents, both laws will cover postings for positions that can be performed remotely within those states.
- Washington State’s pay range disclosure law requires every job posting to include a wage scale or salary range, a description of available benefits, and an explanation of any other compensation offered. The Washington guidance lays out strict requirements for what information about benefits and other types of compensation must be included in the job posting, making Washington’s law arguably the most strenuous in the nation from a compliance perspective.
- The California guidance does not require employers to disclose benefits or other forms of compensation.
Employers across the country offering remote work in any of these states should be reviewing the requirements of the new laws even if they do not have operations in California, New York or Washington State because any remote positions will fall under the jurisdiction of those laws. Moreover, Colorado was the first to pass a law requiring disclosure of pay ranges in job postings and its law covers remote workers located in the state as well. Not to mention there are numerous municipalities and localities that passed similar laws, such as New York City and Jersey City, NJ, some of which may cover remote workers. Employers should not assume their job postings are free from coverage.
The midterms could reshape the legislative and regulatory landscape for employers. Join FortneyScott attorneys on Tuesday, November 17, 2026, from 12:00pm to 1:00pm EST , for a fast-paced discussion of what’s ahead in Congress and key federal agencies. We’ll cover the Congressional lame duck session and the new 120th Congress, agency priorities, nominations, and expected developments at the DOL, EEOC, NLRB, and DOJ affecting labor, employment, immigration, and DEI issues. Get a clear view of the policy and enforcement trends employers need to watch. Please click here to register for this webinar.
Wage-and-hour compliance continues to be a priority as it evolves in 2026, with new U.S. Department of Labor opinion letters addressing compensable time, travel, meal periods, rounding, bonuses, exemptions and tip practices, alongside significant federal enforcement activity. This one-hour webinar will examine the year’s most important federal developments and translate them into practical compliance lessons for employers. The program will also highlight distinctive District of Columbia wage-and-hour requirements, including current minimum and tipped wage rates, overtime, wage notices, pay statements and recordkeeping obligations, and will conclude with a practical wage-and-hour audit checklist.
Join FortneyScott attorneys on Wednesday, October 28, 2026 from 12:00pm to 1:00pm EDT for a timely and practical webinar on wage and hour. Wage-and-hour compliance continues to be a priority as it evolves in 2026, with new U.S. Department of Labor opinion letters addressing compensable time, travel, meal periods, rounding, bonuses, exemptions and tip practices, alongside significant federal enforcement activity. This one-hour webinar will examine the year’s most important federal developments and translate them into practical compliance lessons for employers. The program will also highlight distinctive District of Columbia wage-and-hour requirements, including current minimum and tipped wage rates, overtime, wage notices, pay statements and recordkeeping obligations, and will conclude with a practical wage-and-hour audit checklist. To register for this webinar, please CLICK HERE .
On August 21, 2026, the OFCCP finally published its final rules upending long-standing affirmative action requirements for federal contractors. While the elimination of EO 11246 regulations was expected, the substantial changes to Section 503 were less expected. By September 21, contractors must not only update their systems to remove now banned requirements but also determine how they will meet their affirmative action requirements without data collection. We will break down the most important developments, explain which obligations remain in place, and highlight practical steps organizations can take now to reduce risk, preserve defensible compliance practices, and prepare for what comes next. In this webinar, you will learn how to: Identify the OFCCP changes most likely to affect your affirmative action program strategy; Evaluate how revised Section 503 requirements may affect disability-related data collection, outreach, and documentation; Understand continuing VEVRAA obligations for protected veteran compliance. Manage transition issues for current and upcoming AAP cycles; and Prioritize practical next steps for policies, records, audits, and stakeholder communications.
Register for FortneyScott's Webinar on New OFCCP Regulations – What Federal Contractors Need to Know
Join FortneyScott attorneys on Thursday, September 10, 2026 from 12:00pm to 1:00pm EDT for a timely and practical webinar on the revised OFCCP regulations and how contractors should respond. To register, click here . On August 21, 2026, the OFCCP finally published its final rules upending long-standing affirmative action requirements for federal contractors. While the elimination of EO 11246 regulations was expected, the substantial changes to Section 503 were less expected. By September 21, contractors must not only update their systems to remove now banned requirements but also determine how they will meet their affirmative action requirements without data collection. We will break down the most important developments, explain which obligations remain in place, and highlight practical steps organizations can take now to reduce risk, preserve defensible compliance practices, and prepare for what comes next. In this webinar, you will learn how to: Identify the OFCCP changes most likely to affect your affirmative action program strategy; Evaluate how revised Section 503 requirements may affect disability-related data collection, outreach, and documentation; Understand continuing VEVRAA obligations for protected veteran compliance. Manage transition issues for current and upcoming AAP cycles; and Prioritize practical next steps for policies, records, audits, and stakeholder communication s. To register for this webinar, please CLICK HERE .
The U.S. Department of Labor (DOL) will publish in the Federal Register the three final rules impacting federal contractor regulations on Friday, August 21, 2026. Executive Order 11246 regulations – DOL finalized the rescission of its regulations for EO 11246, effective October 26, 2026, to eliminate the obligations of federal contractors to prepare affirmative action plans based on race and sex, in addition to nondiscrimination provisions, and additional compliance requirements. This is to align with EO 14373, wherein President Trump rescinded EO 11246. Section 503 of Rehabilitation Act – DOL finalized the elimination of the disability self-identification requirements as well as the 7% utilization goal. In addition, the CC-305 Form will be eliminated. DOL holds that the Americans with Disabilities Act prohibits employers, including federal contractors, from collecting voluntary disability identification from applicants and employees. The nondiscrimination and reasonable accommodation requirements are maintained. Contractors with 50 or more employees and $50,000 or more in contracts will continue to be required to prepare affirmative action plans and to assess their outreach and recruitment. DOL moved the administrative procedures provisions from EO 11246 regulations here. VEVRAA – DOL’s revisions to the VEVRAA regulations were mostly technical, retaining the obligation to provide voluntary self-identification of veterans and to prepare affirmative action plans. DOL added the administrative procedures to these regulations and updated the jurisdictional threshold from $150,000 to $200,000. Please contact your FortneyScott attorney or email us at info@fortneyscott.com for more information.
The midterms could reshape the legislative and regulatory landscape for employers. Join FortneyScott attorneys on Tuesday, November 17, 2026, from 12:00pm to 1:00pm EST , for a fast-paced discussion of what’s ahead in Congress and key federal agencies. We’ll cover the Congressional lame duck session and the new 120th Congress, agency priorities, nominations, and expected developments at the DOL, EEOC, NLRB, and DOJ affecting labor, employment, immigration, and DEI issues. Get a clear view of the policy and enforcement trends employers need to watch. Please click here to register for this webinar.
Wage-and-hour compliance continues to be a priority as it evolves in 2026, with new U.S. Department of Labor opinion letters addressing compensable time, travel, meal periods, rounding, bonuses, exemptions and tip practices, alongside significant federal enforcement activity. This one-hour webinar will examine the year’s most important federal developments and translate them into practical compliance lessons for employers. The program will also highlight distinctive District of Columbia wage-and-hour requirements, including current minimum and tipped wage rates, overtime, wage notices, pay statements and recordkeeping obligations, and will conclude with a practical wage-and-hour audit checklist.
Join FortneyScott attorneys on Wednesday, October 28, 2026 from 12:00pm to 1:00pm EDT for a timely and practical webinar on wage and hour. Wage-and-hour compliance continues to be a priority as it evolves in 2026, with new U.S. Department of Labor opinion letters addressing compensable time, travel, meal periods, rounding, bonuses, exemptions and tip practices, alongside significant federal enforcement activity. This one-hour webinar will examine the year’s most important federal developments and translate them into practical compliance lessons for employers. The program will also highlight distinctive District of Columbia wage-and-hour requirements, including current minimum and tipped wage rates, overtime, wage notices, pay statements and recordkeeping obligations, and will conclude with a practical wage-and-hour audit checklist. To register for this webinar, please CLICK HERE .
On August 21, 2026, the OFCCP finally published its final rules upending long-standing affirmative action requirements for federal contractors. While the elimination of EO 11246 regulations was expected, the substantial changes to Section 503 were less expected. By September 21, contractors must not only update their systems to remove now banned requirements but also determine how they will meet their affirmative action requirements without data collection. We will break down the most important developments, explain which obligations remain in place, and highlight practical steps organizations can take now to reduce risk, preserve defensible compliance practices, and prepare for what comes next. In this webinar, you will learn how to: Identify the OFCCP changes most likely to affect your affirmative action program strategy; Evaluate how revised Section 503 requirements may affect disability-related data collection, outreach, and documentation; Understand continuing VEVRAA obligations for protected veteran compliance. Manage transition issues for current and upcoming AAP cycles; and Prioritize practical next steps for policies, records, audits, and stakeholder communications.
Register for FortneyScott's Webinar on New OFCCP Regulations – What Federal Contractors Need to Know
Join FortneyScott attorneys on Thursday, September 10, 2026 from 12:00pm to 1:00pm EDT for a timely and practical webinar on the revised OFCCP regulations and how contractors should respond. To register, click here . On August 21, 2026, the OFCCP finally published its final rules upending long-standing affirmative action requirements for federal contractors. While the elimination of EO 11246 regulations was expected, the substantial changes to Section 503 were less expected. By September 21, contractors must not only update their systems to remove now banned requirements but also determine how they will meet their affirmative action requirements without data collection. We will break down the most important developments, explain which obligations remain in place, and highlight practical steps organizations can take now to reduce risk, preserve defensible compliance practices, and prepare for what comes next. In this webinar, you will learn how to: Identify the OFCCP changes most likely to affect your affirmative action program strategy; Evaluate how revised Section 503 requirements may affect disability-related data collection, outreach, and documentation; Understand continuing VEVRAA obligations for protected veteran compliance. Manage transition issues for current and upcoming AAP cycles; and Prioritize practical next steps for policies, records, audits, and stakeholder communication s. To register for this webinar, please CLICK HERE .
The U.S. Department of Labor (DOL) will publish in the Federal Register the three final rules impacting federal contractor regulations on Friday, August 21, 2026. Executive Order 11246 regulations – DOL finalized the rescission of its regulations for EO 11246, effective October 26, 2026, to eliminate the obligations of federal contractors to prepare affirmative action plans based on race and sex, in addition to nondiscrimination provisions, and additional compliance requirements. This is to align with EO 14373, wherein President Trump rescinded EO 11246. Section 503 of Rehabilitation Act – DOL finalized the elimination of the disability self-identification requirements as well as the 7% utilization goal. In addition, the CC-305 Form will be eliminated. DOL holds that the Americans with Disabilities Act prohibits employers, including federal contractors, from collecting voluntary disability identification from applicants and employees. The nondiscrimination and reasonable accommodation requirements are maintained. Contractors with 50 or more employees and $50,000 or more in contracts will continue to be required to prepare affirmative action plans and to assess their outreach and recruitment. DOL moved the administrative procedures provisions from EO 11246 regulations here. VEVRAA – DOL’s revisions to the VEVRAA regulations were mostly technical, retaining the obligation to provide voluntary self-identification of veterans and to prepare affirmative action plans. DOL added the administrative procedures to these regulations and updated the jurisdictional threshold from $150,000 to $200,000. Please contact your FortneyScott attorney or email us at info@fortneyscott.com for more information.
The EEOC voted 2 to 1 on Tuesday, July 21st to issue a Notice of Proposed Rulemaking (NPRM) to rescind the requirement for employers and other covered entities to file an annual report with the EEOC summarizing aggregate data on their employees’ race and sex (reports known respectively as the EEO-1, EEO-2, EEO-3, EEO-4, EEO-5, and EEO-6 reports or EEO Data Reports). This includes the rescission of recordkeeping requirements related to these reports. The proposal states that the Commission has determined the EEO Reports are inconsistent with equal employment opportunity law, may raise constitutional concerns, and that the collection of data is not narrowly tailored or necessary to enforce anti-discrimination statutes. EEOC determined that the reports, which had been collected since, 1966, have limited value, which was outweighed by the significant burdens they impose on employers and on the Commission. Once the NPRM is published in the Federal Register, individuals will have only 30 days to submit comments on the 60-page proposal. The Institute for Workforce Equality is planning to submit comments. Please contact your FortneyScott attorney or email us at info@fortneyscott.com with any thoughts you have on the proposed rescission, or on employer record-keeping obligations generally.
On Wednesday, June 24, 2026, the Office of Management and Budget’s (OMB) Office of Information and Regulatory Affairs (OIRA) extended EEOC’s information collection under the Uniform Guidelines on Employee Selection Procedures (UGESP) through June 29, 2029. UGESP requires employers covered by Title VII to collect and maintain records on the race, sex and ethnicity of those impacted by their employment selection procedures but does not require employers to report the data. EEOC and other enforcing agencies can then demand to see such data in connection with any investigation of employment discrimination. Please contact your FortneyScott attorney or email us at info@fortneyscott.com for additional information.
The Directive is driving a significant shift in compensation reporting and transparency across the EU, and requires employers to disclose salary ranges to applicants, share internal pay-setting criteria, and conduct gender pay reporting. With the June 7, 2026, deadline for Member States to transpose the Directive into national law, employers need to understand their compliance obligations and prepare for unresolved implementation questions. In this webinar, FortneyScott attorneys will help U.S. companies with operations in the EU understand the Directive’s requirements, including how they differ from U.S. compliance frameworks. We will discuss best practice lessons that can be adopted from U.S. pay transparency and reporting laws and, importantly, provide key contrasts of the U.S. practices that are not applicable in the EU. Key topics include: The Directive’s scope and coverage Reporting obligations under the Directive Status of Member State transposition Practical compliance steps employers can take now Who should attend. This webinar is designed for in-house counsel, HR leaders, and senior professionals at multi-national organizations responsible for compensation, benefits, and employment law compliance.
Join FortneyScott attorneys on Thursday, June 11, 2026, from 12:00 p.m. to 1:00 p.m. EDT for a complimentary webinar on the European Union (“EU”) Pay Transparency Directive (the “Directive”). To register, please click here . The Directive is driving a significant shift in compensation reporting and transparency across the EU, and requires employers to disclose salary ranges to applicants, share internal pay-setting criteria, and conduct gender pay reporting. With the June 7, 2026, deadline for Member States to transpose the Directive into national law, employers need to understand their compliance obligations and prepare for unresolved implementation questions. In this webinar, FortneyScott attorneys will help U.S. companies with operations in the EU understand the Directive’s requirements, including how they differ from U.S. compliance frameworks. We will discuss best practice lessons that can be adopted from U.S. pay transparency and reporting laws and, importantly, provide key contrasts of the U.S. practices that are not applicable in the EU. Key topics include: · The Directive’s scope and coverage · Reporting obligations under the Directive · Status of Member State transposition · Practical compliance steps employers can take now Who should attend. This webinar is designed for in-house counsel, HR leaders, and senior professionals at multi-national organizations responsible for compensation, benefits, and employment law compliance. Register to attend. To register, please click here .
