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Approach + outlook

Legal requirements surrounding pay equity are expanding rapidly, and employers need to keep pace. What once centered on federal law now includes a patchwork of state laws, international mandates, and growing pay transparency and pay data reporting obligations. At the same time, data-driven analysis has become essential to evaluating compensation systems, adding to compliance complexity. 

Jackson Lewis’ Pay Equity group of lawyers and statisticians cuts through that complexity to provide comprehensive support. We proactively assess compensation systems through privileged, statistically rigorous analyses that help ensure pay practices align with legal requirements and business goals. 

When pay equity concerns escalate into disputes, our team is equally equipped to provide investigation and robust litigation support rooted in legal and statistical expertise. This integrated approach helps employers not only meet their legal obligations, but also evaluate and mitigate risk, defend against internal and external pay equity claims, and build fair and consistent compensation practices. 

Clients

Employers of all sizes and across all industries rely on our integrated team of attorneys and statisticians who help ensure their workforce decisions are consistent, equitable and resilient under scrutiny.

Key client concerns + core capabilities

Our team of experienced attorneys and master’s and Ph.D. statisticians provide support and defense in the broad range of pay equity issues employers face.

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Conducting Pay Analyses

We help companies analyze their pay proactively to mitigate risk and position them to defend against federal and state employment and labor claims.

  • Review compensation policies and practices to identify risk and recommend best practices.
  • Evaluate what drives pay decisions within the workforce.
  • Apply statistical analyses, including regression, to assess compensation for fair and consistent application across the workforce.
  • Advise on the increasingly contentious area of activist shareholders demanding “pay equality” and related public pressure campaigns

Workplace Analytics and Preventive Strategies

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Establishing and Preserving Privilege

We design an approach centered on legal advice and informed by statistical analyses. This combination of legal insight and sophisticated technical expertise enables our assessments to maximize the attorney-client privilege while delivering defensible, data-driven results. 

  • Design privilege protocols to minimize risk of inadvertent waiver of privilege.
  • Apply legal insight to statistical results, providing actionable intelligence regarding employee compensation.
  • Protect findings from discovery, while ensuring each audit is methodologically sound and legally defensible. 

Workplace Analytics and Preventive Strategies

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Managing Pay Transparency Requirements

We lead clients through the growing number of jurisdictional requirements in the U.S. and abroad for disclosing pay and benefits in job postings and providing notice of promotions and internal transfer opportunities. 

  • Counsel on compliance and best practices regarding pay transparency laws.
  • Develop disclosure strategies that are compliant and minimize client burden.
  • Defend clients in regulatory investigations and lawsuits alleging noncompliance with pay transparency requirements.

National Compliance and Multi-State Solutions

Corporate Governance and Investigations

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Complying with Pay Data Reporting Requirements

We counsel clients on mandatory pay data reporting across multiple jurisdictions, with our team of data analysts assisting in processing and completing the required submissions under attorney direction and oversight. 

  • Advise on regulatory requirements for jurisdictions including California, Illinois, Minnesota, and Massachusetts.
  • Process client data to prepare compliant reports and support continued compliance efforts.

Government Contracts and Compliance

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Navigating the Patchwork of Cross-Border, State and Local Laws

We help multinational and multijurisdictional employers reduce the administrative burden of complying with overlapping pay equity requirements. 

  • Track and comply with the growing number of countries and U.S. jurisdictions with specific pay equity and transparency laws.
  • Advise on emerging international mandates, including the European Union’s Pay Transparency Directive and evolving Canadian pay equity and reporting requirements.

National Compliance and Multi-State Solutions

International Employment

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Defending Claims with Sophisticated Strategies

We combine legal experience and statistical expertise to deliver high-caliber defenses against individual and systemic pay discrimination claims. 

  • Defend clients in individual and class action litigation in federal and state courts, EEOC investigations, and government audits.
  • Leverage our privileged statistical analyses to refute claims of systemic discrimination, challenge plaintiffs’ expert analysis and models, and assert available defenses under applicable state laws.

Class Actions and Complex Litigation

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