Jason Habinsky in Bloomberg Law: States Look to Remedy Pay Gap as Federal Legislation Stalls


Bloomberg Law quoted Haynes and Boone, LLP Partner Jason Habinsky in an article about how employers are navigating state and federal laws addressing pay equity and discrimination.

Here is an excerpt:

This year alone, laws addressing wage discrimination will take effect in 11 states. Alabama’s first law on the books banning pay discrimination based on race and sex and prohibiting employers from refusing to interview or hire someone who declines to share salary history goes live Aug. 1. Maine, Nebraska, New York, and Maryland will implement similar laws before the end of 2019, joining states like California, Connecticut, Hawaii, Illinois, Wyoming, and Washington that established pay protections earlier this year.

The federal Equal Pay Act has barred sex discrimination in pay since 1963, but the law has loopholes for employers to avoid liability, worker advocates say. The GOP-controlled Senate, however, is unlikely to pass legislation aimed at amending the law. With states taking the lead on the issue, some employers gripe about the challenges of complying with different requirements across the nation.

This patchwork system of equal pay laws can be difficult for employers with locations in several cities and states, said Jason Habinsky, a partner in the labor and employment practice of Haynes and Boone.

“Generally what I advise clients is to take the most liberal approach, to look at the most restrictive laws in jurisdictions where they have employees and make sure they are in compliance with the most employee friendly states,” Habinsky said.

To read the full article, click here.

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