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ARTICLE · 22 NOVEMBER 2022

Equal Pay Transparency Laws May Potentially Impact The PERM And H Visa Process

Littler Mendelson
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Equal Pay Transparency (EPT) laws have been passed in several states and localities, potentially impacting the permanent employment certification (PERM)/H-1B labor condition application...

United StatesEmployment and HR
George Michael Thompson
George Michael Thompson
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Equal Pay Transparency (EPT) laws have been passed in several states and localities, potentially impacting the permanent employment certification (PERM)/ H-1B labor condition application (LCA) process for employers conducting labor market testing efforts within those states before hiring foreign workers. Generally, EPT laws require disclosure of pay scales viewing such disclosures as the next step towards achieving equal pay for equal work across genders, races, and nationalities. EPT rules are not uniform and differ by locality.

Newly passed EPT laws in California, Rhode Island, and Washington will go into effect on January 1, 2023. In addition, a handful of states and localities already have EPT laws that have gone into effect. Based on state and locality, some require that salary information be part of published job postings while others merely dictate that such information need only be provided upon request at the time an offer of employment is made.

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