Pay Equity: Legal, Data, and Practical Considerations
Pay equity laws are an active area of regulation and debate right now. In September 2016, the EEOC had planned to use data from new reporting requirements to drive enforcement actions and complement its investigations of alleged pay discrimination. The new administration has not yet made its priorities clear, though they are expected to be different from the previous administration. Regardless of the federal initiatives, however, there is a great deal of activity at the state level. California, Massachusetts, Maryland and New York among other states have implemented and/or enacted groundbreaking changes to equal pay laws. The state laws include some provisions different from federal laws, and may see themselves as bulwarks against potential changes in federal priorities.
Furthermore, employers of all industries and sizes are facing questions about pay equity from their employees, shareholders, the press, and the general public. They increasingly face the difficult decision of whether to publicly disclose measures of their pay equity efforts and results.
Given the growing attention on pay equity, it is critical that employers conduct an internal audit of their pay practices to stay apace of their organizations' pay trends. An audit must be conducted with the assistance of a legal counsel so that it is protected by the attorney-client privilege and/or work product doctrine. Employers should also review their record-keeping mechanisms for purposes of the EEO-1 pay data requirement and their compensation policies and practices to ensure compliance with the various pay equity legislation.
In this LIVE Webcast, a panel of distinguished professionals and thought leaders will help employers understand the critical issues of the new pay equity requirements in the federal and state level. Speakers will also offer best practices to comply with these laws and minimize legal exposure.
Key topics include:
- New EEO-1 Reporting Requirements
- Covered Employers
- Pay Data Collection
- State Pay Equity Laws
- Factors to Explain Pay Differences
- Practical Implications for Employers
- Conducting Internal Audit
- Best Compliance Practices
Krissy Katzenstein, Attorney
Morgan, Lewis & Bockius LLP
- Expansion of State Pay Equity Laws
- EEOC’s New EEO-1 Reporting Requirement
- Legal Risks – Agency Action and Private Litigation
Elaine Reardon, Director
Resolution Economics LLC
Paul F. White, Partner
Resolution Economics LLC
Tauseef Rahman, Principal, Workforce Strategy & Analytics
- How to approach pay equity? Statistical analyses, comparison to market rates, comparison of averages, etc.
- Introduction to regressions
- Tests that can be used for small samples
- Practical significance vs. statistical significance
- Modeling issues (disaggregation, and choice of controls, over-specification)
- Worst-case scenarios, tainted variables
- Public disclosure of pay disparities
Who Should Attend:
- Labor and Employment Lawyers
- Human Resource Managers
- Payroll/Benefits Managers
- In-house Counsel
Dr. Reardon is a Director at Resolution Economics LLC. She has a broad range of research experience in survey research methodology, labor economics, and applied microeconomics. She has assisted companies examining their compensation with respect to gender, race/ethnicity, and the CA Fair Pay Act. In her work, she has also provided consulting and expert witness services for claims alleging discrimination in hiring, promotion, termination, and pay equity in class action and single plaintiff matters.
Elaine holds a Ph.D. in Public Policy from the University of Chicago, where her research focused on labor economics and racial pay disparities. Her research has been published in Law360, The Journal of Human Resources, in RAND monographs, and the Employee Relations Law Journal. She has taught at Loyola Marymount Business School and UCLA.
Dr. Reardon is a Director at Resolution Economics LLC. She has a broad range of research experience in survey research …
Paul White is a Ph.D. labor economist and a Partner in the Washington, D.C. office of Resolution Economics. He specializes in the economic and statistical analysis of employment discrimination issues, including compensation, hiring, promotions, and terminations. Dr. White’s practice also includes EEOC and OFCCP investigations, and FLSA wage and hour matters. Dr. White has conducted hundreds of proactive compensation analyses for employers of all sizes, including creating statistical models for employers as part of their annual compensation reviews.
Dr. White also serves as an expert witness in employment litigation and has extensive testimony experience in local, state, and federal courts.
Dr. White received his Bachelor of Science degree in economics from James Madison University and his Masters and Ph.D. degrees from North Carolina State University, where he focused on labor economics, statistics, and health economics.
Paul White is a Ph.D. labor economist and a Partner in the Washington, D.C. office of Resolution Economics. He specializes …
Tauseef is a Principal in Mercer's Workforce Strategy and Analytics practice. He is responsible for developing and delivering projects which enable organizations for growth through the use of analytics which combine engagement, career, and rewards information.
Currently based in San Francisco, he has also been based in Mercer's Los Angeles, Dubai, Melbourne, and Houston offices. Tauseef consults across all industries and sizes of organizations, but specializes in technically focused organizations, e.g., in engineering, energy, technology, life sciences.
Some of his recent projects include the integration of an annual pay equity analysis into a company’s yearly business cycle for a global consumer technology company, and an employee survey using conjoint analysis which resulted in changes to parental benefits at a global financial services and investments company.
Tauseef has presented at the annual conferences of WorldatWork Total Rewards and National Association of Stock Plan Professionals on the use of analytics in pay.
He holds a bachelor's degree in economics from Claremont McKenna College, in Claremont, California. He serves on the Board of Directors of his college's alumni association, where he focuses on communications and engagement.
You can connect with him @Tauseef_R on Twitter or via https://www.linkedin.com/in/tauseefrahman on LinkedIn.
Tauseef is a Principal in Mercer's Workforce Strategy and Analytics practice. He is responsible for developing and delivering projects which …
Krissy A. Katzenstein represents employers in a wide range of employment disputes, with a focus on class and collective actions involving systemic discrimination claims and complex multi-plaintiff matters. She also has experience handling a variety of single plaintiff matters involving discrimination and harassment claims, FLSA and state wage and hour claims, and Family Medical Leave Act claims. In addition, Krissy regularly works with clients on large internal investigations involving sensitive allegations.
Krissy also works with clients to develop diversity programs and identify strategies and initiatives to increase diverse representation and foster an inclusive work environment. In addition, she regularly counsels clients on class action avoidance strategies, including conducting pay equity and other self-critical statistical analyses. Krissy also has experience handling complex issues such as large corporate restructurings.
Krissy A. Katzenstein represents employers in a wide range of employment disputes, with a focus on class and collective actions …
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Method of Presentation:
Experience in Wage and Hour Laws
NASBA Field of Study:
Personnel/Human Resources - Non-Technical
NY Category of CLE Credit:
Areas of Professional Practice
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About Resolution Economics LLC
Resolution Economics provides sophisticated economic, statistical and financial analyses, forensic investigations, forensic technology, dispute advisory, expert testimony, and specialized technology and analytic solutions to leading law firms, Fortune 500 companies, and government agencies.
Founded in 1998, Resolution Economics is a leading provider of litigation consulting services in employment class action matters. We have provided expert testimony across the nation in class-action, multi-plaintiff and single-plaintiff matters alleging discrimination on the basis of age, race, gender, and national origin/ethnicity, in recruitment and hiring, promotion, pay, termination, and other employment practices. Resolution Economics' Labor and Employment team also regularly consult to clients involved in many types of regulatory settings, such as EEOC, OFCCP, and DOL investigations. Our work has been performed in the context of both litigation and proactive consulting. In the wage and hour area, Resolution Economics examines exempt status for groups of workers, studies payroll and timekeeping data, analyzes meal and rest period claims and off-the-clock work, as well as donning and doffing and various issues. We also regularly consult on wage and hour issues in compliance settings.
At Mercer, we make a difference in the lives of more than 110 million people every day by advancing their health, wealth, and careers. We’re in the business of creating more secure and rewarding futures for our clients and their employees — whether we’re designing affordable health plans, assuring income for retirement, or aligning workers with workforce needs. Using analysis and insights as catalysts for change, we anticipate and understand the individual impact of business decisions, now and in the future. We see people’s current and future needs through a lens of innovation, and our holistic view, specialized expertise, and deep analytical rigor underpin each and every idea and solution we offer. For more than 70 years, we’ve turned our insights into actions, enabling people around the globe to live, work, and retire well. At Mercer, we say we Make Tomorrow, Today.
Mercer LLC and its separately incorporated operating entities around the world are part of Marsh & McLennan Companies, a publicly held company (ticker symbol: MMC) listed on the New York, Chicago, and London stock exchanges.
About Morgan, Lewis & Bockius LLP
Founded in 1873, Morgan Lewis offers more than 2,200 lawyers, patent agents, benefits advisers, regulatory scientists, and other specialists in 30 offices* across North America, Asia, Europe, and the Middle East. The firm provides comprehensive litigation, corporate, transactional, regulatory, intellectual property, and labor and employment legal services to clients of all sizes—from globally established industry leaders to just-conceived start-ups.
*Our Beijing office operates as a representative office of Morgan, Lewis & Bockius LLP. In Shanghai, we operate as a branch of Morgan Lewis Consulting (Beijing) Company Limited, and an application to establish a representative office of the firm is pending before the Ministry of Justice. In Hong Kong, Morgan Lewis has filed an application to become a registered foreign law firm and is seeking approval with The Law Society of Hong Kong to associate with Luk & Partners.