We provide proactive compliance strategies and solutions for navigating the growing trend of pay equity, transparency, and reporting laws and defend high-stakes pay discrimination investigations and litigation.

Pay equity has become a focal point for lawmakers, regulators, shareholders, employees, and the public.  Companies across industries are facing increased risks and compliance challenges from the trend of new laws in the United States and abroad, making it easier to bring pay discrimination claims, requiring employers to provide pay ranges to applicants/employees and in job postings, and mandating reports of pay data to government regulators.  Employers are also seeing an increase in high-stakes individual and class pay discrimination claims, creating significant legal and reputational risks.

Morrison & Foerster’s Pay Equity Task Force partners with companies to assist them in developing global pay equity compliance practices and strategies to mitigate these risks.  If disputes arise, our team defends high-stakes government investigations and significant class and single plaintiff pay discrimination litigation.

Our team of lawyers handle all aspects of pay equity compliance and litigation, including:
  • Conducting privileged, proactive pay equity analyses of compensation with industry-leading labor economists to identify potential latent risks lurking in pay data and practices and developing strategies for remediating those risks;
  • Identifying root causes for potential pay equity risks and developing policies and best practices for mitigating those risks;
  • Creating strategies for complying with laws requiring companies to provide pay ranges and benefits information to applicants, employees, and in job postings;
  • Assisting companies with navigating laws requiring reporting of their pay data to government regulators;
  • Partnering with companies to develop strategies for communicating their pay equity practices to employees, shareholders, and the public, including benchmarking pay equity practices for ESG, human capital, and other related, public-facing reports;
  • Conducting internal investigations of pay discrimination complaints; and
  • Defending high-stakes individual and class pay discrimination litigation and government (EEOC and OFCCP) investigations and charges.

Pay Equity Team