Compensation Practices / Pay Equity

Roffman Horvitz advises and assists clients in analyzing their compensation practices to ensure gender- and race-based equity. We also advise clients on the most appropriate analytical tool, given what factors affect the employer's pay practices, what data the employer has available to it, and whether the factors influencing pay are maintained or could be maintained in a database.

We evaluate pay under OFCCP's Compensation Directive 2018-05, Title VII, the Equal Pay Act, and myriad state equal pay laws, including New York, Massachusetts, and California, just to name a few.

Compensation is one of the most challenging employment practices to evaluate from an equal employment perspective precisely because some of the most important factors that explain employee pay are not and cannot be captured in a database. When an analysis is done using sophisticated statistical tools there is a danger that those results will be misleading or wrongly interpreted. In the vast majority of instances, the data analysis component of a pay equity study is best used to tell an employer where it needs to take a closer look at particular comparator employees to better understand what factors are driving differences in pay and whether those factors are appropriately job related. Roffman Horvitz will always approach its analysis of your organization's compensation by picking the right tool depending on the availability or obtainability of information and your organization's internal resources.

Roffman Horvitz also evaluates the impact that performance ratings have on pay and can render legal advice about whether a performance rating system is being administered fairly and in accordance with principles of equal employment opportunity and also whether ratings are being translated into pay adjustments in an equitable manner.

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