March 11, 2020

Salary Sharing and the Importance of Pay Transparency

The gender pay gap has been a salient and persistent issue within the workplace. With major firms like Goldman Sachs and Dell settling class action wage discrimination claims for millions of dollars, employers must be cognizant of the lasting effects that wage disparities can have, not only on employee morale and retention, but also on liability. 

A recent New York Times article outlines the possible benefits of divulging wage information. Pay transparency can effectively mitigate salary discrepancies based on race and gender, especially considering that women and minorities are often at the lower end of the pay grade. While publicizing each individual employee’s salary may create unnecessary animosity, reporting pay bands could be a favorable method of promoting a culture of transparency.

The National Labor Relations Act (NLRA) protects employees’ rights to discuss wages or working conditions, whether or not you are a union member. Yet, pay secrecy is still widespread as many employers discourage employees from discussing their wage information with others. This problem has been compounded by a widespread cultural taboo of talking about salaries, which is deemed to be private and to be contained within an employment relationship.

Disclosing salary information could initially be upsetting for employers and employees alike. Employees often link their wage to their utility or value, which could exacerbate frustrations for those who believe they were paid less than their counterparts with similar backgrounds and skillsets. Yet taking this possibly troubling step may be necessary to reduce unwarranted pay disparities and foster a transparent work environment.

 Publicizing pay band information, without disclosing each individual’s salary, would signify to employees that their employer can be trusted. A Glassdoor survey showed that 65% of surveyed US millennials value a strong workplace culture over high salary. Sharing salary information isn’t necessarily about offering higher salaries to everyone, but more so about encouraging a culture of transparency that is becoming increasingly important in this information age. Salary sharing can be a necessary step toward embracing a future workplace that is fully meritocratic.

 Please contact us if you have any further questions about pay transparency. Our firm can help employees who believe they are being paid unfairly, or employers with questions about fair compensation or pay bands.

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Federal Family and Sick Leave for Covid-19 Expanded by New York District Court

August 14, 2020
Leave
Paid Family Leave
Pregnancy Discrimination
FMLA
S.D.N.Y. Judge Paul Oetken invalidated parts of the Department of Labor’s interpretation of the Families First Coronavirus Response Act in a lawsuit brought by New York State Attorney General Letitia James.

The First Recession for Women

August 11, 2020
Gender Discrimination
There is a new feature to the pandemic-induced recession that has decimated employment, manufacturing, child care, education, and just about every other facet of life. It is women, not men who are the most greatly affected by the force of the shutdown.

New York State Human Rights Law Invoked in Sexual Harassment Arbitration Case

August 11, 2020
Sexual Harassment
A split has appeared in how to handle sexual harassment cases with a New York trial judge ruling recently that the state’s Human Rights Law prevents companies and employees from entering arbitration over sexual harassment. This contradicts an earlier ruling in New York’s Southern District where a judge ruled that arbitration under the Federal Arbitration Act (FAA) supersedes New York’s statutory prohibition against arbitration.

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