State and Local Pay Transparency Laws: Increasing Legislation and Employer Challenges

Amanda Michalski | Covington & Burling LLP

Amanda Michalski is a member of the firm’s Employment Practice Group and counsels clients in a wide range of labor and employment issues. She advises clients on matters involving discrimination, harassment, retaliation, family and medical leave, remote work, and other workplace issues. She frequently drafts and reviews employee policies, employee handbooks, offer letters, and separation agreements. She also assists clients in responding to demand letters and EEOC charges.

Amanda is a member of the firm’s Institutional Culture and Social Responsibility practice, where she works with white collar colleagues to conduct workplace investigations into allegations of workplace misconduct and civil rights and racial equity audits and assessments.

Michelle A. Barineau | Covington & Burling LLP

Michelle Barineau counsels U.S. and multinational clients on a broad range of employment issues. Michelle routinely provides guidance pertaining to wage and hour compliance, job classifications, pay equity, and employee leave. She also prepares key employment documents including employment agreements, employee policies, and separation agreements.

Michelle guides employers through hiring and terminating employees and managing their performance, as well as workforce change strategies, including reorganizations, reductions in force, and WARN compliance. In addition, Michelle provides practical advice about workplace issues impacting employers including remote work, workplace culture, diversity, equity, and inclusion, and the use of artificial intelligence in the workplace. She helps clients navigate matters involving harassment, discrimination, non-competition, and other issues arising under state and federal employment laws including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Equal Pay Act, the Family and Medical Leave Act, and the Fair Labor Standards Act. She assists clients when responding to agency charges and demand letters, including whistleblower retaliation complaints, and frequently interacts with the Equal Employment Opportunity Commission, state and local equal employment opportunity agencies, and the Occupational Safety and Health Administration.

Michelle has experience investigating employment complaints and she frequently partners with white collar colleagues to conduct sensitive internal investigations, workplace culture assessments, and racial equity audits. She works with colleagues in the privacy, employee benefits and executive compensation, and corporate groups when employment matters arise and she regularly works with colleagues in California to advise on matters implicating California employment laws. Michelle is a co-founder of Covington’s AI Roundtable, which convenes senior lawyers at the firm working closely on AI issues to discuss legal implications of AI deployment and use.

I. Expanding legal landscape | 1:00pm – 1:20pm

• State and local pay transparency laws

II. Core objectives of pay transparency laws | 1:20pm – 1:40pm

• Promoting equity in pay practices
• Encouraging transparency and accountability in hiring and promotions

III. Key requirements across jurisdictions | 1:40pm – 2:00pm

• Disclosure requirements, including the types of compensation information required to be disclosed
• Definitions of “covered employers”

Break | 2:00pm – 2:10pm

IV. Practical challenges in implementation | 2:10pm – 2:30pm

• Managing conflicting requirements across jurisdictions
• Applicability to remote employees
• Ensuring compliance by third parties that post job opportunities

V. Legal risks and mitigation strategies | 2:50pm – 3:10pm

• Avoiding penalties for non-compliance