Compliance Stuff

Effective July 1, 2026, Virginia has enacted a new pay transparency law requiring employers with Virginia employees to disclose compensation ranges and follow new restrictions on salary history. The law applies broadly and creates both enforcement risk and private litigation exposure. Employers with employees in Virginia should act now to ensure compliance with the new pay transparency law. What the Virginia Law Requires Set and disclose good ‑ faith pay ranges in postings. Employers must disclose the wage, salary, or wage/salary range in each public and internal posting for each job, promotion, transfer, or other employment opportunity, and must set that range in good faith. Do not seek or rely on salary history. Employers may not seek an applicant’s wage or salary history, rely on it in considering the person for employment, or rely on it to set pay upon hire with a limited exception: If the candidate voluntarily discloses their salary history, without prompting after an initial o...

Employers around the country need to comply with a growing patchwork of laws on fair pay, pay data reporting, and transparency in job ads and the hiring process. Compliance has become increasingly complex as more states and cities pass their own nuanced requirements that vary from location to location, and the stakes are getting higher as the penalties for violations rise. Here’s an overview of key federal, state, and local pay equity trends, as well as practical tips for compliance. Quick Overview of Federal and State Equal Pay Laws Purpose:  The goal of pay equity and transparency laws is to close pay gaps and give employees more information to understand how their compensation compares to their peers and the market, and in turn, more power to correct past inequities based on gender, race, and other characteristics. Themes:  For over sixty years, the federal Equal Pay Act has required equal pay for men and women for substantially equal work. Many states have built on the fe...

California pay scale requirements have been in place for several years, yet many employers remain uncertain about what compliance truly requires. Now that we are in 2026, recent amendments to California’s pay transparency laws make one point clear. Compliance is no longer satisfied by posting a pay range and moving on. The focus is now on whether the pay scale reflects reality. Labor Code section 432.3 requires covered California employers to disclose pay scales in job postings and to provide a pay scale upon request to applicants and employees (Lab. Code, § 432.3 (a), (c)) . Although many employers initially treated pay transparency as a posting requirement, enforcement agencies and plaintiffs’ attorneys are increasingly focused on a different question: Was the pay range meaningful and made in good faith? What is a “Pay Scale” Under California’s 2026 Amendments Effective January 1, 2026, amendments to California’s pay scale law clarified what qualifies as a compliant pay scale. A pay ...

As usual, the Illinois Legislature has been busy this past session, passing one new employment law and making changes to numerous others. The following is a summary of the changes that have been enacted thus far and a preview of those likely to come in the very near future. Nursing Mothers in the Workplace Act – Paid Leave Required On August 1, 2025, Governor J.B. Pritzker signed into law  SB0212 , which is an amendment to the Nursing Mothers in the Workplace Act. Effective immediately, the Act requires employers to provide reasonable break time to an employee who needs to express breast milk each time the employee has the need, for one year after the child’s birth. The amendment to the Act provides that the employer shall compensate the employee during the break time at the employee’s regular rate of compensation, and shall not require the employee to use paid leave during the break time or reduce the employee’s compensation during the break time in any other manner. Employers wil...

The use of algorithmic software and automated decision systems (ADS) to make workforce decisions, including the most sophisticated type, artificial intelligence (AI), has surged in recent years. HR technology’s promise of increased productivity and efficiency, data-driven insights, and cost reduction is undeniably appealing to businesses striving to streamline operations such as hiring, promotions, performance evaluations, compensation reviews, or employment terminations. However, as companies increasingly rely on AI, algorithms, and automated decision-making tools (ADTs) to make high-stakes workforce decisions, they may unknowingly expose themselves to serious legal risks, particularly under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), and numerous other federal, state, and local laws. Quick Hits Using automated technology to make workforce decisions presents significant legal risks under existi...