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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The Berke-Weiss Law Weekly Roundup: While the Outlook Darkens, We Celebrate Some Small Victories

July 31, 2020
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The clock has essentially wound down on extending assistance for the 30+ million Americans currently on the unemployment rolls. White House officials and Congressional Democrats remain miles apart, with the latter rejecting a temporary extension of the benefits. There are also huge question marks over issues we focus on, particularly child care and employment law, both of which were in the news this week and are the subject of several of the stories we feature

With the HEALS Act the Fight over Pandemic Lawsuits Takes Center Stage

July 30, 2020
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Earlier this week, Senate GOP leadership introduced their $1 trillion opening response to the $3 trillion Congressional HEROES Act, originally proposed in May. As we have noted, the signal demand coming from Mitch McConnell’s office is liability protection (the “L” in HEALS) for businesses and health care organizations. Translated, McConnell wants to prevent workers from suing employers if they contract coronavirus at work. And the GOP appears firm that without consensus on this issue, there will be no new stimulus.

The Week in FFCRA Cases Includes a Class Action Suit against the USDA

July 24, 2020
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Four cases came across the wire this week and we have chosen to highlight them all. One case is the first class action lawsuit filed under the FFCRA and concerns potentially millions of people seeking SNAP aid. The three other suits that were filed this week follow a familiar line for anyone who has been reading our updates. People are getting sick or have family members getting sick and are then denied their right to paid leave and are terminated.

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