Andrew Turnbull spoke to Bloomberg Law about challenges businesses are facing under New York City's pay transparency law, which is aimed at preventing pay discrimination through increased transparency.

According to Andrew, employers should come up with objective factors such as market data, skill level, and experience to explain how ranges are set and how people would fall in those ranges, though notes that in-house counsel should tread carefully when conducting a pay audit.

"With in-house counsel, there can sometimes be a question of whether that individual is wearing an 'attorney hat' or a 'business hat.' If the attorney is wearing more of a 'business hat,' then the pay equity audit may not be privileged," Andrew said.

He also mentioned that companies need to be careful about inadvertently waiving the privilege by allowing individuals outside of the privilege team to see the audit results.

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