Global Pay Equity

Pay equity and transparency have become a focal point for companies, employees, investors, and regulators and litigants. Increased scrutiny presents a unique challenge for companies navigating this evolving landscape, which brings with it the risk of steep financial penalties and reputational damage. Our global pay equity team is a trusted adviser guiding clients through privileged pay equity analyses, defending against pay equity litigation, and helping to manage investigations by government agencies. We assist with the myriad reporting and pay transparency obligations, pay practices, and internal pay inequity complaints—helping our clients address and overcome the full range of issues they confront in this space.

We tailor our guidance to each company’s unique needs. Clients benefit from our legal acumen, industry knowledge, and technical depth in a range of sectors across the full industry spectrum, including pharmaceutical and life sciences, financial services, technology, retail and ecommerce, automotive, energy, defense, and manufacturing.

Our collaborative, global team conducts proactive and privileged pay equity studies and risk assessments, which permit companies to stay ahead of and monitor pay equity issues.

We also track developments arising from the complex patchwork of pay reporting regulations such as the EU Pay Transparency Directive (and each EU country’s domestic implementing legislation), country-specific requirements globally, as well as US federal and state rules.

As part of a full-service global law firm, we take a holistic view of employers’ specific pay equity concerns.

We closely collaborate with systematic litigation specialists who can handle any disputes that may arise. Our ESG-focused lawyers can help clients understand and comply with the evolving practices and regulations in the ESG space. Our compensation lawyers design and implement fair pay practices. And our patent specialists help clients protect pay equity–related intellectual property.

With these and other cross-practice capabilities under one roof, Morgan Lewis provides comprehensive and integrated solutions to pay equity challenges.

Pay Equity Analysis & Risk Assessment

We bring a deep understanding of data and statistical analysis, the underlying principles of labor economics, and the ever-changing equal pay legal terrain to our pay equity audits and risk assessments. Our team offers practical advice and strategy based on a client’s objectives, pay practices, risk tolerance, related litigation/investigation activity, and public disclosure strategies, among other factors.

Compliance & Counseling

We consistently review global markets and proactively advise clients of local reporting and disclosure obligations and compliance with pay equity laws, liaising with counsel in each country as necessary and providing strategic, timely advice. Clients can take advantage of our proprietary tracking tool to keep tabs on gender pay requirements.

Pay Equity Disclosure

Our lawyers advise multinational companies on pay equity disclosure issues, including disclosures to the public and employees, shareholder/ESG disclosures, and in-contract proposals. Recognizing that employers often face competing tensions among internal and external stakeholders, we help our clients balance transparency with the mitigation of legal risk, while also providing benchmarking against peers.

Litigation Defense

We assist employers in avoiding, managing, or defending multiplaintiff, class, collective, and US Equal Employment Opportunity Commission (EEOC) actions—many of which involve pay discrimination claims. Our deep knowledge of the theories advanced in systemic litigation enables us to craft creative solutions that reach beyond the usual playbook to provide effective, efficient defenses for clients both inside and outside the courtroom.

EU Pay Transparency Directive

We advise employers with operations in Europe on their obligations under the EU Pay Transparency Directive. Our team assists organizations with trial-run gender pay reporting processes in line with the directive’s requirements—developing compliant pay structures ensuring equal pay for equal work or work of equal value, and advice in relation to all other pay transparency–related requirements under the directive.