July 24, 2021

Volume XI, Number 205

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Employer-Mandated Disclosure of Wage Ranges and Expansion of Equal Pay Law Enacted in Connecticut

Beginning October 1, 2021, Connecticut employers, meaning those that employ at least one employee in the state, will be required to disclose wage ranges for vacant positions pursuant to an amendment of existing laws concerning salary history and equal pay, titled “An Act Concerning the Disclosure of Salary Range for a Vacant Position” (the Act). In enacting this amendment last week, Connecticut joined other states, including California, Maryland, and Washington, which already have imposed similar disclosure obligations on employers. In addition, the Act amends Connecticut’s equal pay law by expanding employers’ obligations to provide employees with equal pay for comparable work.

Under the amended law, employers will be required to provide prospective employees with wage range information for vacant positions for which they have applied before or at the time an offer of compensation is made, or at the applicant’s request, whichever occurs first. Employers also will be required to provide their employees with wage range information upon hire, upon a change in the employee’s position, or upon the employee’s first request for such information. A “wage range” is defined as “the range of wages an employer anticipates relying on when setting wages for a position.” In establishing the wage range for a particular position, employers may reference any applicable pay scale, previously determined range of wages for the position, actual range of wages for employees who currently hold comparable positions, or the budgeted amount for the position. This law appears to be a furtherance of the ban on employers’ ability to request salary history information of applicants, which became effective January 1, 2019.

Connecticut’s equal pay law, which prohibits employers from discriminating in the amount of compensation paid to any employee on the basis of sex, also was amended. The amendments specify that employees of the opposite sex may not be paid less for “comparable work” (previously referred to as “equal work”); this is determined based on a review of various factors, including “a composite of skill, effort and responsibility.” The amendments also specify that geographic location, credentials, skills, education, and training may be bona fide factors other than sex upon which a compensation differential can be based.

As a result of these new amendments, Connecticut employers now will be required to establish, or have some sense of, wage ranges for positions within their organizations. They also will have to incorporate these disclosure requirements into their hiring process and those of any third party providing hiring/recruiting services to the employer. In order to comply with the new requirement that employees be paid equally for comparable work (versus equal work), it may also be an appropriate time for employers to review employee compensation across their organizations to ensure employees are in fact being paid equally for comparable work. In accomplishing these objectives, employers would be well advised to review and modify their existing policies, practices, and processes related to recruitment, hiring, and compensation and to train personnel engaged in hiring/recruiting. To ensure compliance with the law as it relates to these issues, employers are encouraged to seek competent legal counsel.

Copyright © 2021 Robinson & Cole LLP. All rights reserved.National Law Review, Volume XI, Number 166
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About this Author

Stephen W. Aronson Employment Lawyer Robinson Cole Law Firm
Partner

Stephen Aronson defends employers in federal and state court and before administrative agencies in class actions, multiplaintiff, and single plaintiff employment law claims.

Employment Litigation and Administrative Advocacy

Stephen has extensive experience leading the defense of companies facing Fair Labor Standards Act (FLSA) misclassification claims, including hybrid claims under federal and state law. He frequently wins summary judgment on discrimination, retaliation, whistleblower, free speech, and other employment claims. He is hired by employers and...

860.275.8281
Rachel Kushel Labor and Employment Attorney
Partner

Rachel Kushel counsels clients on all employment law and workplace human resource issues. She defends management in state and federal court litigation matters and administrative agency claims. She is a member of the firm’s Labor, Employment, Benefits + Immigration Group.

Employment Litigation and Administrative Advocacy

Rachel has extensive experience defending management clients in discrimination, leave, and harassment matters. She litigates matters from inception to trial and through appeal in federal and state courts. She has argued successfully on behalf...

860.275.8347
Abby Warren Labor and Employment Attorney
Associate

Abby Warren is a member of the firm's Labor, Employment, Benefits + Immigration Group, where she represents employers in labor and employment matters. She focuses her practice on counseling private sector employers, including multinational corporations, health care organizations, educational institutions, and manufacturers, in all areas of employment law. Abby also defends employers in federal and state court and before administrative agencies. In addition to counseling and litigation, she provides workplace training for clients and conducts workplace investigations.

...

860.275.8215
Emily A. Zaklukiewicz Labor and Employment Attorney Robinson & Cole Hartford, CT
Associate

Emily A. Zaklukiewicz focuses her practice on counseling private sector employers in all areas of labor and employment law and defending employers in federal and state court and before administrative agencies. She is a member of the firm’s Labor, Employment, Benefits + Immigration Group. 

Emily graduated first in her law school class, serving as the Managing Editor of Stetson Law Review, as an Associate Editor of the Journal of International Aging Law & Policy, and as a committee member on the Student Leadership Development Committee. She was also a member of...

860.275.8262
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