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Planning for Pay
Transparency Legislation in
the New Year
Today's Presenters:
Ruth Thomas
Chief Evangelist
Payscale
Lulu Seikaly
Senior Corporate Attorney- Employment
Payscale
Today's Agenda
• Recap of 2023 Legislation
• What’s in store for 2024?
• Other legislative changes impacting pay
2023 Legislative Recap
2023 Global Legislative Recap
Effective January 1,
2023
Califorrnia
Effective January 1,
2023 (during job
interview)
Rhode Island
Effective January 1,
2023
Washington
Enacted March 30,
2023
Australia
(public pay
gap reporting)
Passed March 31,
2023
EU Pay
Transparency
Directive
Enacted May 11, 2023
British
Columbia
Passed May 24,
2023
Minnesota
(salary history
ban)
Enacted July 3, 2023
Hawaii
Enacted August 11,
2023
Illinois
Proposed bill August
11, 2023
New Zealand
Effective September
17, 2023
New York State
Proposed November
2023
Ontario
Pay Transparency Legislative Landscape
1 in 4 workers live in a
state that has some form
of pay transparency
legislation
What’s in store for 2024?
• Who: employers with 1 or more employees working in Washington D.C.
• Does not include Federal/District employees
• What: minimum to maximum hourly/salary that the employer “in good
faith” believes they’ll pay for a role and must inform candidate of the
existence of healthcare benefits
• Proposed Penalties: Attorney General can file a
lawsuit for injunctive, compensatory, or other relief plus
attorney’s fees/costs and penalties.
• Other considerations: Salary History Ban and employers must post a
notice.
Washington D.C. Overview
*Effective: June 30, 2024
New Jersey
Recently moving through legislature
Wisconsin
Introduced January 4, 2024
States to Keep an Eye On in 2024
Pay Transparency
Massachusetts
Waiting for consolidation
Maine
In limbo
Maryland
(plus pay transparency?)
Introduced 1/24/24
Arizona
Introduced 1/17/2024
States to Keep an Eye On in 2024
Salary History Bans
Virginia
Introduced 1/9/2024
Poll 1:
How ready
are you?
• We lack confidence in the accuracy of our salary data
• We don't have organized pay structures (e.g. job-based ranges)
• We are not confident in our pay strategy or structures
• We are concerned that we have pay inequity issues
• Leadership is unconvinced in the merits of pay transparency
• Nothing - We're satisfied with our level of pay transparency
Legal Considerations:
Pay Discrimination/Equal Pay Compliance
Colorado Tracking Pay Transparency Complaints
• Over 1,430 complaints filed since January 1, 2021
• Allegation: failure to advertise pay ranges and keep job
description/wage rate records.
• Cure rate after receiving compliance letter 75.62%
• Over 19 citations issued, with 5 citations including fines
• Fines totaling $237,000
Poll 2: What is
your primary
driver for
adopting pay
transparency?
• Compliance with legislation
• To meet employee expectations and retain employees
• To demonstrate we value our employees and reinforce culture
• As a tactic in the competition for talent
• We are not adopting pay transparency at this stage
• None of the above
Other legislative developments
Minimum
wage increases
effective 2024
Twenty-five U.S. states
and 38 cities/counties
will raise their minimum
wage this year.
More than 9.9 million
workers received a raise
on January 1, 2024
2024 Minimum Wage Increases
State 2024 Wage Effective Date
Alaska $11.73 1/1/2024
Arizona $14.35 1/1/2024
California $16.00 1/1/2024
Colorado $14.42 1/1/2024
Connecticut $15.69 1/1/2024
Delaware $13.25 1/1/2024
Hawaii $14.00 1/1/2024
Illinois $14.00 1/1/2024
Maine $14.15 1/1/2024
Maryland $15.00 1/1/2024
Michigan $10.33 1/1/2024
State 2024 Wage Effective Date
Minnesota $10.85 1/1/2024
Missouri $12.30 1/1/2024
Montana $10.30 1/1/2024
Nebraska $12.00 1/1/2024
New Jersey $15.13 1/1/2024
New York $15.00/$16.00 1/1/2024
Ohio $10.45 1/1/2024
Rhode Island $14.00 1/1/2024
South Dakota $11.20 1/1/2024
Vermont $13.67 1/1/2024
Washington $16.28 1/1/204
State 2024 Wage Effective Date
Nevada $12.00 7/1/2024
Oregon $14.20 7/1/2024
Florida $12.00 9/30/2024
2024 Minimum Wage Increases Cont.
City ‘24 Wage
Belmont $17.35
Burlingame $17.03
Cupertino $17.75
Daly City $16.62
East Palo Alto $17.10
El Cerrito $17.92
Foster City $17.00
Half Moon
Bay
$17.01
Hayward $16.90
City ‘24 Wage
Los Altos $17.75
Menlo Park $16.70
Mountain View $18.75
Novato $16.86
Oakland $16.50
Palo Alto $17.80
Petaluma $17.45
Redwood City $17.70
Richmond $17.20
City ‘24 Wage
San Carlos $16.87
San Diego $16.85
San Jose $17.55
San Mateo $17.06
Santa Clara $17.75
Santa Rosa $17.45
Sonoma $17.60
South SF $17.25
Sunnyvale $18.55
2024 Minimum Wage – California Cities
City ‘24 Wage
Flagstaff, AZ $17.40
Boulder County, CO $15.69
Denver, CO $18.29
Edgewater, CO $15.02
Portland, ME $15.00
City ‘24 Wage
Minneapolis, MN $15.57
St. Paul, MN $15.57
La Cruces, NM $12.36
SeaTac, WA $19.71
Seattle, WA $19.97
Tukwila, WA $20.29
2024 Minimum Wage – Other cities
Pay transparency’s impact in 2023
A positive impact on talent acquisition
75% of employers
agree that pay
transparency helps
them attract quality
candidates1
Job postings that
include salary data
receive 50% more
applications1
Job postings that
include salary data are
three times more likely
to deliver quality
candidates1
61% say recruitment
is more efficient by
discouraging poorly
matched candidates
from applying1
Source 1. Zip Recruiter 2023
75% of US workers
are more likelya to trust
organizations that
provide a salary range
in job postings2
65% of orgs that list
pay ranges on job
postings say it makes
them more competitive2
Source 2. SHRM 2023
24
The impact on retention
Perception of fair pay impacts
intent to leave
Pay transparency decreases likelihood
to seek a new job by 30 percent (varies
by generation)
Source: Payscale Fair Pay Impact Research 2023 Source: Payscale Retention Report 2023
Poll 3: What are
your concerns
about listing
pay ranges on
job postings?
• It may discourage top talent from applying (ranges too low)
• Posting pay ranges without context of Total Compensation
offering may put us at disadvantage
• Do not want our competitors to know what we are paying
• Reduced flexibility in negotiating with candidates
• Impact on existing employees in the same or similar roles
• None of the above
• Other please specify
26
Key questions for you in 2024
• What must we do to prepare for
compliance with pay transparency laws?
• Do we want to be a leader on pay
transparency or a follower?
• What is the right balance between local
compliance and organization-wide
consistency?
• Are we confident our compensation
processes drive pay differentiation on
the right factors? Are these aligned with
our compensation philosophy?
• Do I have the resources to make the
shift to pay transparency?
Your pay transparency checklist
Get buy in and commit to build transparent and consistent pay practices with a compensation philosophy
that embeds fair pay
Understand the relevant factors that impact pay in your organization and make sure this part of your
compensation philosophy
Ensure you have the job architecture and pay structures that allow for appropriate comparisons between
groups of employees
Implement pay frameworks and review where employees fall within these
Conduct proactive pay equity analysis to understand the impact of wage gaps and biases
Training managers and other stakeholders to have effective conversations with employees about their pay
Q&A
Feel free to ask any questions in the chat!

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Webinar - Planning for Pay Transparency Legislation in the New Year

  • 1. Planning for Pay Transparency Legislation in the New Year
  • 2. Today's Presenters: Ruth Thomas Chief Evangelist Payscale Lulu Seikaly Senior Corporate Attorney- Employment Payscale
  • 3. Today's Agenda • Recap of 2023 Legislation • What’s in store for 2024? • Other legislative changes impacting pay
  • 5. 2023 Global Legislative Recap Effective January 1, 2023 Califorrnia Effective January 1, 2023 (during job interview) Rhode Island Effective January 1, 2023 Washington Enacted March 30, 2023 Australia (public pay gap reporting) Passed March 31, 2023 EU Pay Transparency Directive Enacted May 11, 2023 British Columbia Passed May 24, 2023 Minnesota (salary history ban) Enacted July 3, 2023 Hawaii Enacted August 11, 2023 Illinois Proposed bill August 11, 2023 New Zealand Effective September 17, 2023 New York State Proposed November 2023 Ontario
  • 6. Pay Transparency Legislative Landscape 1 in 4 workers live in a state that has some form of pay transparency legislation
  • 7. What’s in store for 2024?
  • 8. • Who: employers with 1 or more employees working in Washington D.C. • Does not include Federal/District employees • What: minimum to maximum hourly/salary that the employer “in good faith” believes they’ll pay for a role and must inform candidate of the existence of healthcare benefits • Proposed Penalties: Attorney General can file a lawsuit for injunctive, compensatory, or other relief plus attorney’s fees/costs and penalties. • Other considerations: Salary History Ban and employers must post a notice. Washington D.C. Overview *Effective: June 30, 2024
  • 9. New Jersey Recently moving through legislature Wisconsin Introduced January 4, 2024 States to Keep an Eye On in 2024 Pay Transparency Massachusetts Waiting for consolidation Maine In limbo
  • 10. Maryland (plus pay transparency?) Introduced 1/24/24 Arizona Introduced 1/17/2024 States to Keep an Eye On in 2024 Salary History Bans Virginia Introduced 1/9/2024
  • 11. Poll 1: How ready are you? • We lack confidence in the accuracy of our salary data • We don't have organized pay structures (e.g. job-based ranges) • We are not confident in our pay strategy or structures • We are concerned that we have pay inequity issues • Leadership is unconvinced in the merits of pay transparency • Nothing - We're satisfied with our level of pay transparency
  • 13. Colorado Tracking Pay Transparency Complaints • Over 1,430 complaints filed since January 1, 2021 • Allegation: failure to advertise pay ranges and keep job description/wage rate records. • Cure rate after receiving compliance letter 75.62% • Over 19 citations issued, with 5 citations including fines • Fines totaling $237,000
  • 14.
  • 15. Poll 2: What is your primary driver for adopting pay transparency? • Compliance with legislation • To meet employee expectations and retain employees • To demonstrate we value our employees and reinforce culture • As a tactic in the competition for talent • We are not adopting pay transparency at this stage • None of the above
  • 17. Minimum wage increases effective 2024 Twenty-five U.S. states and 38 cities/counties will raise their minimum wage this year. More than 9.9 million workers received a raise on January 1, 2024
  • 18. 2024 Minimum Wage Increases State 2024 Wage Effective Date Alaska $11.73 1/1/2024 Arizona $14.35 1/1/2024 California $16.00 1/1/2024 Colorado $14.42 1/1/2024 Connecticut $15.69 1/1/2024 Delaware $13.25 1/1/2024 Hawaii $14.00 1/1/2024 Illinois $14.00 1/1/2024 Maine $14.15 1/1/2024 Maryland $15.00 1/1/2024 Michigan $10.33 1/1/2024 State 2024 Wage Effective Date Minnesota $10.85 1/1/2024 Missouri $12.30 1/1/2024 Montana $10.30 1/1/2024 Nebraska $12.00 1/1/2024 New Jersey $15.13 1/1/2024 New York $15.00/$16.00 1/1/2024 Ohio $10.45 1/1/2024 Rhode Island $14.00 1/1/2024 South Dakota $11.20 1/1/2024 Vermont $13.67 1/1/2024 Washington $16.28 1/1/204
  • 19. State 2024 Wage Effective Date Nevada $12.00 7/1/2024 Oregon $14.20 7/1/2024 Florida $12.00 9/30/2024 2024 Minimum Wage Increases Cont.
  • 20. City ‘24 Wage Belmont $17.35 Burlingame $17.03 Cupertino $17.75 Daly City $16.62 East Palo Alto $17.10 El Cerrito $17.92 Foster City $17.00 Half Moon Bay $17.01 Hayward $16.90 City ‘24 Wage Los Altos $17.75 Menlo Park $16.70 Mountain View $18.75 Novato $16.86 Oakland $16.50 Palo Alto $17.80 Petaluma $17.45 Redwood City $17.70 Richmond $17.20 City ‘24 Wage San Carlos $16.87 San Diego $16.85 San Jose $17.55 San Mateo $17.06 Santa Clara $17.75 Santa Rosa $17.45 Sonoma $17.60 South SF $17.25 Sunnyvale $18.55 2024 Minimum Wage – California Cities
  • 21. City ‘24 Wage Flagstaff, AZ $17.40 Boulder County, CO $15.69 Denver, CO $18.29 Edgewater, CO $15.02 Portland, ME $15.00 City ‘24 Wage Minneapolis, MN $15.57 St. Paul, MN $15.57 La Cruces, NM $12.36 SeaTac, WA $19.71 Seattle, WA $19.97 Tukwila, WA $20.29 2024 Minimum Wage – Other cities
  • 23. A positive impact on talent acquisition 75% of employers agree that pay transparency helps them attract quality candidates1 Job postings that include salary data receive 50% more applications1 Job postings that include salary data are three times more likely to deliver quality candidates1 61% say recruitment is more efficient by discouraging poorly matched candidates from applying1 Source 1. Zip Recruiter 2023 75% of US workers are more likelya to trust organizations that provide a salary range in job postings2 65% of orgs that list pay ranges on job postings say it makes them more competitive2 Source 2. SHRM 2023
  • 24. 24 The impact on retention Perception of fair pay impacts intent to leave Pay transparency decreases likelihood to seek a new job by 30 percent (varies by generation) Source: Payscale Fair Pay Impact Research 2023 Source: Payscale Retention Report 2023
  • 25. Poll 3: What are your concerns about listing pay ranges on job postings? • It may discourage top talent from applying (ranges too low) • Posting pay ranges without context of Total Compensation offering may put us at disadvantage • Do not want our competitors to know what we are paying • Reduced flexibility in negotiating with candidates • Impact on existing employees in the same or similar roles • None of the above • Other please specify
  • 26. 26 Key questions for you in 2024 • What must we do to prepare for compliance with pay transparency laws? • Do we want to be a leader on pay transparency or a follower? • What is the right balance between local compliance and organization-wide consistency? • Are we confident our compensation processes drive pay differentiation on the right factors? Are these aligned with our compensation philosophy? • Do I have the resources to make the shift to pay transparency?
  • 27. Your pay transparency checklist Get buy in and commit to build transparent and consistent pay practices with a compensation philosophy that embeds fair pay Understand the relevant factors that impact pay in your organization and make sure this part of your compensation philosophy Ensure you have the job architecture and pay structures that allow for appropriate comparisons between groups of employees Implement pay frameworks and review where employees fall within these Conduct proactive pay equity analysis to understand the impact of wage gaps and biases Training managers and other stakeholders to have effective conversations with employees about their pay
  • 28. Q&A Feel free to ask any questions in the chat!