Equal Pay Audits & Related Services
KSB Law has experience in conducting complex Equal Pay Act (EPA) Audits and related services in salary history bans and wage transparency laws.
With expanding equal pay laws on the rise, employers must be vigilant in ensuring that compensation disparities do not exist on the basis of legally protected categories and that their compensation practices do not have a disparate impact based upon legally protected categories.
Lawsuits involving wage disparities and equal pay laws can lead to significant exposure for an employer, especially given evolving laws that afford broader employee protections and expanded damages and penalties.
KSB Law assists organizations in taking proactive measures such as conducting EPA Audits. We offer these services to a diverse range of industries and sectors, including public and private companies, law firms, academic institutions, non-profit and not-for-profit organizations, and governmental entities.
EQUAL PAY AUDITS
EPA Audits are important self-evaluation tools for employers to identify and remediate compensation disparities and to modify existing policies and practices that result in pay disparities. The Audits give employers the opportunity to correct and resolve existing issues before lawsuits are filed. They can help limit potential exposure and damages and ensure pay equity among employees.
When conducting EPA Audits, KSB Law obtains and assesses the following data and relevant documents regarding compensation practices, which enables the Firm to identify pay disparities:
Demographics
Protected Category Status
Compensation/Benefits
Roles/Titles
Functional Duties
Skills, Effort, and Responsibilities
KSB Law is also able to provide legal assessments that involve:
- Assessing “substantially similar” duties and comparable “skills, effort, responsibilities;”
- Analyzing an employer’s articulated reasons for disparities;
- Assessing the affirmative defenses available to employers that might support pay disparities (such as seniority systems, merit-based systems, or other legitimate bona fide factors);
- Assessing the strength of the employer’s specific affirmative defenses based on evidence and current legal standards; and/or
- Reviewing wage gap areas and the impact of any steering/channeling.
EPA TRAINING
To facilitate compliance with equal pay laws, KSB Law offers Training for legal and compliance personnel, Human Resources, and organizational leaders involved in the hiring process and decisions regarding compensation and benefits. Training covers legal implications of equal pay and wage transparency laws and salary history inquiry bans and the importance of remedial EPA Audits.
