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Sex Discrimination Salary/Wage History

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 4, April 2024

Welcome to the fourth issue of The Academic Advisor for 2024. We begin this edition with discussion of Title IX of the Education Amendments of 1972. On April 19, 2024, the U.S. Department of Education released its...more

Fisher Phillips

The Top 5 (Non-COVID-19) Developments In Dealership Employment Law

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You have probably seen a lot of coronavirus news alerts lately, but as a car dealer, you already know that germs are not the only things that can cause headaches. Virus or no virus, the law is still going to change and...more

Payne & Fears

Key California Employment Law Cases: February 2020

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Frlekin v. Apple, Inc., -- Cal. -- (2020) - Summary:  The time employees spent on Apple’s premises waiting for and undergoing a mandatory exit search of personal belongings was compensable as “hours worked” under Wage...more

Parker Poe Adams & Bernstein LLP

Salaries Set Based on Past Pay History Can Violate Equal Pay Laws

As previously reported in EmployNews, a number of states and municipalities have tried to address gender-based pay gaps by adopting legislation that prohibits employers from asking about pay history or setting starting...more

Hogan Lovells

Equal Pay: In Ninth Circuit, Prior Salary Is No Defense

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The Ninth Circuit recently ruled that salary history is no defense to a claim of sex discrimination under the federal Equal Pay Act, effectively expanding from the West Coast to the entire circuit a ban on a previously common...more

Jackson Lewis P.C.

Prior Pay No Defense To Pay Difference Under Equal Pay Act, Ninth Circuit Reaffirms

Jackson Lewis P.C. on

Prior pay, alone or in combination with other factors, is not a job-related “factor other than sex” that can be used to justify a difference in pay under the Equal Pay Act (EPA), a majority of judges on the U.S. Court of...more

Littler

Alabama Enacts Pay Equity Law

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On June 10, 2019, Alabama enacted the state’s first wage equity law.  The Clarke-Figures Equal Pay Act (CFEPA) mimics, in large portion, the federal Equal Pay Act (EPA), but includes race as a protected classification in...more

Fisher Phillips

What A Difference An Election Makes: Colorado Passes Slate Of New Employment Laws

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The 2018 Colorado state elections resulted in a Democratic House, Senate, and governor, smoothing the way for the 2019 legislature to pass six new employment bills. Some of these pieces of legislation had been proposed in...more

Fisher Phillips

Nike Workers May Pursue Class Sex Discrimination Claims, Court Confirms

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An Oregon federal court judge just denied Nike’s motion to dismiss a class action on behalf of 500 or more of its current and former female employees alleging sex discrimination in pay. Nike had asked the court to dismiss...more

Littler

Washington Amends its Equal Pay Law to Enact Salary History Ban and Require Disclosure of Salary Ranges

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On May 9, 2019, Washington Governor Jay Inslee signed House Bill 1696, the state’s most recent pay equity legislation, which the bill claims is an “additional step towards gender equality.” ...more

Fisher Phillips

Web Exclusive: April 2019: The Top 16 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

Nike Can’t Just Do It – Court Denies Company’s Request To Dismiss Pay Equity Class Action

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An Oregon federal court just shot down Nike Inc.’s request to dismiss a pay equity class action claim fronted by four current and former Nike executives. In her February 26 ruling, a federal magistrate judge recommended that...more

FordHarrison

What Can Employers Expect in 2019?

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Despite the current U.S. government shutdown, many aspects of the federal government continue to operate, including the federal court system. This Alert highlights some of the legal, legislative and administrative...more

UB Greensfelder LLP

Three Things to Look For on the 2019 Employment Law Horizon

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As we kick off the New Year, William D. Edwards, Partner and Chair of Ulmer’s Employment & Labor Practice Group, examines the landscape of employment and labor law and shares three things to look for on the employment law...more

Shook, Hardy & Bacon L.L.P.

Pay Equity: Update on Philadelphia's Salary History Ban

Set against the backdrop of the women and minority rights movement, the City of Philadelphia is among a number of state and local governments that have enacted legislation intent on reducing or eliminating the wage gap....more

Holland & Knight LLP

New California Labor and Employment Laws for 2019

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• The California Legislature passed numerous labor and employment bills that become effective on Jan. 1, 2019 • California's minimum wages and exempt salary thresholds increase on Jan. 1, 2019 • These laws were among the...more

Farella Braun + Martel LLP

New California Employment Laws Will Require Significant Changes in 2019

California Governor Jerry Brown recently signed into law several bills that will have significant impact on employers’ workplace obligations. Effective January 1, 2019, the new laws will restrict nondisclosure agreements and...more

Littler

WPI State of the States: Employer Liability, Harassment, and Salary History Bans Continue to Occupy State Legislatures

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As the summer months heat up, state legislative activity has noticeably cooled. Only two states (New Jersey and Massachusetts) are in active session, and Rhode Island, which had been in recess, is scheduled to adjourn at the...more

McNees Wallace & Nurick LLC

Governor Wolf Issues Executive Order Attempting to Address Pay Inequality

On June 6, 2018, Governor Wolf signed Executive Order 2018-18-03, which is designed to combat the gender pay gap in Pennsylvania. The Executive Order directs all state agencies under the governor’s jurisdiction to...more

Fisher Phillips

Web Exclusive - May 2018: The Top 14 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Foley & Lardner LLP

Ninth Circuit Reverses Course on Whether Salary History Justifies Pay Differences

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Employers take note: At least within the area covered by the Ninth Circuit Court of Appeals (including Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington), prior salary history can no longer...more

Fisher Phillips

New York State Moves One Step Closer to New Pay Equity Laws

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On the heels of Governor Andrew Cuomo’s call for New York to take additional steps to close the gender wage gap, the New York State Assembly passed a suite of pay equity legislation that would impact both private and public...more

Hinshaw & Culbertson LLP

Use of Salary History Taboo? Ninth Circuit Weighs In

Use of one's last salary or salary history to determine compensation can be a proxy for sex discrimination. Once considered a legitimate "factor other than sex," some jurisdictions are banning the use of a job candidate's...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Holds Prior Salary Cannot Justify Wage Differences

Enacted in 1963, the Equal Pay Act prohibits differential payments between male and female employees doing equal work except when made pursuant to a seniority system, a merit system, a system which measures earnings by...more

Seyfarth Shaw LLP

Equal Pay Day 2018: Trends and Developments in Pay Equity Litigation

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This publication provides a brief overview of recent trends and developments in pay equity litigation and analyzes significant decisions and filings that have had an impact on those issues. We hope that our clients and...more

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