Our experienced attorneys partner with clients to get pay equity right.
Pay equity is constantly evolving to include new legal requirements and increasing stakeholder expectations. In addition to the Equal Pay Act and Title VII, many employers are subject to varying state reporting, transparency and non-discrimination requirements. Federal contractors are increasingly subject to expansive compensation discrimination investigations initiated by the U.S. Department of Labor, Office of Federal Contract Compliance Programs (OFCCP). Penalties for non-compliance can be significant and adverse press can have a negative impact on employers’ reputation with employees, customers, and shareholders.
FordHarrison attorneys provide employers across the country with the full range of pay equity services. The breadth and depth of our attorneys’ experience and expertise across the full spectrum of pay equity issues makes us uniquely qualified to advise employers in all industries and across the country.
Proactive Privileged Pay Equity Audits: A robust pay equity analysis is the best line of defense against a compensation discrimination claim. Before initiating an audit, our attorneys review applicable human resources policies and the client’s past compensation assessments and findings. We interview the client’s Rewards, Compensation and Human Resources professionals to gain a clear understanding of the company’s culture, challenges and overall rewards program. In conjunction with leading statistical experts, we conduct a privileged company-wide pay equity analysis tailored to each client’s unique compensation philosophy. Based on the results of the analysis, our attorneys partner with clients to drill down to the root cause for any identified pay gaps and, where adjustments are necessary, we provide practical strategic advice to address unexplained pay disparities while minimizing the chances of employee complaints.
Wage Gap Analyses: Employers are under increasing pressure to make public their pay equity status. As an added service for our pay equity clients, FordHarrison attorneys partner with statistical experts to conduct a wage gap analysis. We also prepare a public-facing announcement, management talking points and frequently asked questions to accompany publication of the company’s wage gap.
Counseling and Compliance: Members of our Pay Equity Practice Group also advise clients on best practices to prevent pay discrimination claims; drafting defensible compensation policies and procedures; assessing employment practices that may impact pay, including hiring practices, job descriptions, and performance evaluation procedures; and advising on compliance with state and federal pay equity laws.
Training: Our attorney provide training for compensation, rewards and human resources professionals focused on preventing pay discrimination, compliance with applicable federal and state laws, including state pay transparency requirements, prohibitions against pay secrecy and compliance with salary history bans. We providing education and training for the C-suite, the compensation team, talent acquisition professionals and management regarding pay equity developments and best practices.
Litigation Defense: Equal pay collective actions are on the rise and they present complex legal, factual and statistical issues. FordHarrison’s deep bench of experienced class action litigators is able to defend employers in EEOC, OFCCP and state agency enforcement proceedings and private litigation brought under Title VII, the Equal Pay Act, Executive Order 11246, and state fair pay laws.
ESG Reporting: FordHarrison attorneys counsel publicly-traded companies on strategies for responding to shareholder demands for pay transparency and increased public reporting for shareholders, employees, and other stakeholders.
If you would like us to prepare a proposal to assist your company with your labor and employment law needs, please contact clientservice@fordharrison.com.