Pay transparency laws are raising tough issues for in-house counsel as they try to balance compliance with the Biden administration’s stepped-up focus on antitrust concerns in the labor market.
“The antitrust law hasn’t changed, but there’s obviously wage transparency laws that are changing,” says Joe Miller, co-chair of the antitrust practice at Mintz and a former trial attorney in the competition bureau at the Federal Trade Commission, among other roles. “I think the difference between now and five years ago is there’s a lot more focus on federal enforcement and things that employers may do that are seen as anti-competitive that may harm employees. That comes with increased risk.”
