Due to Equal Pay Transparency laws that are being enacted in many state and local jurisdictions, companies across the U.S. may face changes to their Permanent Labor Certification Programs (PERMs) if they are in an affected location.
Overview
New laws have already been enacted in some states and local jurisdictions. Other jurisdictions are in the process of enacting these laws. The transparency laws require employers in affected jurisdictions to provide compensation information during the hiring process, including some laws that require disclosure of salaries or other benefits in all job advertisements.
Most state and local authorities that have enacted the new laws have not stated that they will make exemptions for PERM job postings. Therefore, certain PERM job postings that previously didn't require salary and compensation information may now be subject to the laws in places where they are in effect.
Employers may now need to provide more detailed salary, compensation and benefits information in their PERM employment postings. The cost of the required print ads may increase due to the additional volume of the advertisements.
Looking Ahead
Since the Equal Pay Transparency laws are local laws, employers should contact their employment counsel for additional information and ask about the specific impacts on their company, if any. Employers can find out additional context on the impact to their required PERM postings by coordinating with their immigration counsel.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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