Key Points
- Equal Pay Transparency laws have been or will be enacted in numerous states and local areas
- PERM programs may be affected by the new laws for companies in impacted areas
- Employers may need to provide salary and compensation information in all job postings
- Employment Pay Transparency laws vary, so employers should contact their legal counsel for more information about specific impacts
Overview
New state and local Equal Pay Transparency laws have recently been or will be enacted across the US. Companies across the country may face changes to their PERM programs if they have employees in an affected location.
The new laws have already been enacted in some states and local jurisdictions. The transparency laws differ, but all require employers in affected jurisdictions to disclose salary and compensation information to current employees and prospective applicants. Regardless of location, employers must provide salary and compensation information in some jurisdictions’ job listings and advertisements. The new laws may also impact salary disclosure requirements in PERM-related job listings.
Most state and local authorities that enacted the new laws have yet to make exemptions for PERM job postings explicitly. Therefore, PERM job advertisements may also be subject to the laws in places where they are in effect. Employers may need to provide more detailed salary, compensation, and benefits information in their PERM employment ads. The cost of those ads may increase due to the additional information that may be required to be disclosed in the advertisements.
Looking Ahead
Since the Equal Pay Transparency laws are local laws, employers should contact their employment counsel for additional information and ask about the specific impacts on their company, if any.
Written by: Lucy Halse, Content Marketing Associate, Envoy Global
Edited by: Frank Fogelbach, Supervising Attorney, Corporate Immigration Partners
