This time around, the 9th Circuit
judges looked closely at new state and
local pay equity laws, which share the
goal of halting perpetuation of the
pay gap, Silberman noted.
But there’s disagreement among
the federal appellate courts. For
example, the 7th Circuit has held that
past pay can be a “factor other than
sex” that employers may use to determine wages under the EPA.
“What’s clear at this point is that
there are diferent standards in different locations on whether employers
can consider salary history,” said Avi
Kumin, an attorney with Katz, Marshall & Banks in Washington, D.C.
First and foremost, look to the ap-
plicable laws in the areas where your
company does business—not just in
the circuit where you operate, but
also on the state level, de Leon said.
State laws may have diferent defni-
tions, criteria and burdens of proof.
“While it’s becoming harder to have a
one-size-fts-all approach, with some
thought and discussion, employers
can establish a defensible compensation structure that aligns with their
core principles,” de Leon said.
Steps to conducting an audit include the following:
ā ā Carefully consider which jobs, lo-
cations or business units to assess.
ā ā Think about what data is avail-
able to include in the audit that
would potentially impact pay.
Factors typically include job title,
pay grade, time in the role, work
location, business unit and per-
formance history. Other consid-
erations may include education,
special skills and experience.
ā ā If a disparity exists that cannot be
explained by legitimate factors,
take steps to correct it. That often
means increasing someone’s pay.
Communicate that decision in a
way that does not increase risk.
“Employers should look at correct-
ing the cause of the disparity, as well
as correcting it monetarily,” de Leon
said. “Otherwise, a disparity will just
repeat in the future.”
—Lisa Nagele-Piazza, J.D., SHRM-SCP
SORRY I’M LATE, BUT ...
Slipping in to work late is rarely a good idea, but some people are more creative in rationalizing their tardiness, like the employee who explained she was
celebrating her dog’s birthday.
“The excuse was so bizarre that any natural questioning—such as ‘Why not hold the party after
work?’—was disregarded,” recalled Nate Masterson,
marketing manager at Maple Holistics in New Jersey,
who recounted his experience to SHRM.
Then there was the woman, laden with homemade
pies, whose crummy excuse was that it was National Pi
Day. “Apparently, she felt that the ‘pie-day’ recognition
outweighed the importance of coming to work on time,
an opinion that her superior swiftly disagreed with,”
Other excuses readers shared with us:
ā ā I had to bail my girlfriend out of jail.
ā ā I had to get my dog re-neutered because it didn’t
take the frst time.
ā ā A police ofcer followed me to work, so I had to
drive slower than normal.
ā ā I was wearing shorts and
had to go home to change.
ā ā I thought it was
don’t allow hiring managers and recruiters
to ask about previous compensation in all
U.S. locations, regardless of whether a local
law exists requiring a ban.
bar the query only when they are legally
required to do so.
do not prohibit interviewers from asking
about a job candidate’s salary history.
Source: Worldat Work.
The city government in
Seoul, South Korea, is shutting
down its computers at 8 p.m.
on Fridays to discourage
employees from working