Pay Equity Claims 101: Pay transparency, Fed vs State, and litigation

Meredith Gregston
Meredith Gregston
Hunton Andrews Kurth LLP

Meredith provides advice and counseling on day-to-day employee-related and compliance matters, ranging from Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) matters to termination best practices, restrictive covenants, and employment agreements, as well as advancements and changes in the pay equity space.

Jacklin Rad
Jacklin Rad
Fisher & Phillips LLP

Jacklin Rad is a partner in the firm’s Los Angeles office and advises employers across the state of California on the rapidly changing workplace laws, including pay transparency and regular rate calculations. Jacklin also provides guidance on workplace investigations.

On-Demand: August 21, 2024

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2 hour CLE
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Program Summary

Session I - Understanding Pay Equity: What employers and in-house counsel need to know - Meredith Gregston

This presentation will cover the foundations of pay equity laws/regulations for employees and federal contractors, to lay groundwork for the audience to understand what we are working with. I will then move onto the key factors that are evaluated when conducting a pay equity audit such as protected class, comparators, compensation, and justification. Then moving onto pay transparency and data reporting, where I will go over what different states require for each. And I will end the presentation with a few key takeaways to keep in mind when it comes to understanding pay equity pay transparency.

Key topics to be discussed:

  • Foundation of Pay Equity Laws for Employees and Federal Contractors
  • Fed vs. State Parameters for Conducting a Pay Equity Audit
  • Pay Transparency and Data Reporting

Session II - Pay Equity Litigation - Jacklin Rad

With the expansion of pay equity and transparency laws across the country, employers may be vulnerable to litigation or government investigations if they are unable to defend or fail to address inequities in their existing pay practices. High stakes equal pay litigation has exploded across industries and multi-million-dollar class action settlements are reported with greater frequency compared to just a few years ago.

This session will provide suggested best practices for companies and their counsel to consider so they may reduce risk and adjust to the changing legal and regulatory landscape. We will explore the reasons behind the rise in pay equity lawsuits, lawful justifications for pay disparities once a claim or lawsuit has been filed, hot issues in pay equity litigation, and strategies for avoidance.

Key topics to be discussed:

  • Impact of State Law
  • The Evolving Legal Landscape
  • Complex and Costly Pay Equity Litigation
  • Litigation Avoidance

This course is co-sponsored with myLawCLE.

Closed-captioning available

Speakers

Meredith Gregston_FedBarMeredith Gregston | Hunton Andrews Kurth LLP

Meredith provides advice and counseling on day-to-day employee-related and compliance matters, ranging from Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) matters to termination best practices, restrictive covenants, and employment agreements, as well as advancements and changes in the pay equity space. She regularly assists clients through pay equity disputes and internal audits, and on global compliance with pay equity legislation.

She also advises clients, including federal contractors, on affirmative action, legislative and regulatory changes affecting employment matters for federal contractors, and Office of Federal Contract Compliance Programs (OFCCP) compliance issues, developing affirmative action plans and representing companies during the audit process.

 

Jacklin Rad_FedBarJacklin Rad | Fisher & Phillips LLP

Jacklin Rad is a partner in the firm’s Los Angeles office and advises employers across the state of California on the rapidly changing workplace laws, including pay transparency and regular rate calculations. Jacklin also provides guidance on workplace investigations. Prior to joining Fisher Phillips, Jacklin was an attorney at a national labor and employment law firm where she provided advice and counseling to California and national clients on wage and hour, disability leave management, hiring and firing decisions, misclassification and pay equity matters.

Jacklin also formerly served in the California Labor Commissioner’s Office as Senior Deputy Labor Commissioner where she oversaw deputies’ casework across six district offices and helped the Labor Commissioner develop agency positions on policy and enforcement.

Agenda

Session I – Understanding Pay Equity: What employers and in-house counsel need to know | 12:00pm – 1:00pm

  • Foundation of Pay Equity Laws for Employees and Federal Contractors
  • Fed vs. State Parameters for Conducting a Pay Equity Audit
  • Pay Transparency and Data Reporting

Break | 1:00pm – 1:10pm

Session II – Pay Equity Litigation | 1:10pm – 2:10pm

  • Impact of State Law
  • The Evolving Legal Landscape
  • Complex and Costly Pay Equity Litigation
  • Litigation Avoidance
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