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Appeals Equal Pay Act

Fisher Phillips

Federal Appeals Court Makes Clear that New York’s Equal Pay Law is Stricter than Federal Law: What Employers Need to Know

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A federal appeals court recently made clear that judges must evaluate equal pay claims separately under federal law and New York’s separate equal pay law because the scope of the NY law is broader and could capture more legal...more

Perkins Coie

District Court Denies Preliminary Injunction Against Colorado’s Equal Pay Act

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On May 27, 2021, the U.S. District Court for the District of Colorado (court) denied Rocky Mountain Association of Recruiters’ (Rocky Mountain) motion for preliminary injunction. Rocky Mountain was seeking to prevent...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Seventh Circuit Decision May Portend Increase in Equal Pay Act Claims for Illinois, Indiana, and Wisconsin Employers

On January 5, 2021, the U.S. Court of Appeals for the Seventh Circuit issued a decision in Kellogg v. Ball State University that expanded the scope of potential evidence plaintiffs may rely on to support their Equal Pay Act...more

Downs Rachlin Martin PLLC

Labor & Employment Law: Vermont and Federal Legislative Update

Downs Rachlin Martin labor and employment attorneys Amy Resnick and Andrea Wright highlight key Vermont and Federal legislative updates from 2020 that impact HR professionals. They walk through: Vermont minimum wage...more

Littler

High Court Declines to Resolve Circuit Split on Whether Prior Salary is “A Factor Other Than Sex” that Can Justify a Pay Disparity...

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On July 2, 2020, the U.S. Supreme Court declined to review the Ninth Circuit’s decision in Rizo v. Yovino. The federal Equal Pay Act (EPA) requires “equal pay for equal work regardless of sex,” subject to four exceptions. ...more

DirectEmployers Association

Prior Pay History? Still a “Jump Ball”: Law Continues to Vary by Location and Protected Status

On Thursday, the Supreme Court of the United States (SCOTUS) ducked. The Court refused to hear the case of Yovino v. Rizo (Docket # 19-1176). This case raised the question of whether the Equal Pay Act (EPA) made it unlawful...more

Hinshaw & Culbertson - Employment Law...

Ninth Circuit Rules That Gender-Based Pay Disparity Cannot Be Justified With the Use of Past Earnings

Nearly 60 years after the passage of the Equal Pay Act of 1963, we find that the gender pay gap is not only alive and well, but also remains a subject of controversy. This was apparent in the Ninth Circuit's ruling in Aileen...more

Seyfarth Shaw LLP

What Is Past Is Prologue: The Ninth Circuit Again Rules That Prior Salary Cannot Justify Pay Differences

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Seyfarth Synopsis: The Ninth Circuit, in an en banc decision following remand from the Supreme Court, held that employers cannot justify pay disparities under the federal Equal Pay Act by showing that those disparities are...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

Orrick - Equal Pay Pulse

Ninth Circuit Issues A Second En Banc Decision Regarding Prior Salary Considerations In Rizo v. Yovino Re-Do

In yet another development in the closely watched case of Rizo v. Yovino, the en banc Ninth Circuit ruled that employers may not defeat a plaintiff’s prima facie case under the Equal Pay Act (EPA) by arguing prior pay is a...more

Payne & Fears

Ninth Circuit Confirms (Again): Employers Cannot Rely on Prior Pay to Justify Gender Pay Disparities

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In April 2018, the Ninth Circuit held that employers cannot consider pre-employment salary history, even in combination with other factors, to justify gender pay disparities. See Rizo v. Yovino, 887 F.3d 453 (9th Cir. 2018)...more

Fisher Phillips

Employers Can’t Use Pay History To Escape Equal Pay Claims, Says 9th Circuit

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Employers are not permitted to justify disparity in pay based on prior pay history, the 9th Circuit Court of Appeals just ruled, eliminating a defense to pay equity claims for businesses across the west coast. Although the...more

ArentFox Schiff

Second Circuit Holds Evidence of Equal Work for Unequal Pay Not Required for Title VII Compensation Claims

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The Second Circuit has held that employees who allege they were underpaid on the basis of their sex, in violation of Title VII of the Civil Rights Act, are not required to first establish an Equal Pay Act claim but rather...more

Parker Poe Adams & Bernstein LLP

Second Circuit Allows Title VII Pay Discrimination Claim Without Evidence of Higher Paid Comparator

The Equal Pay Act allows employees to bring claims of pay discrimination based on gender by alleging that they were paid less than employees of a different gender who perform the same or similar work. This comparator...more

Fisher Phillips

4th Circuit Upholds Dismissal Of Higher Ed Wage Discrimination Case

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In a case that has been very closely watched by the higher education community, Spencer v. Virginia State University, the Fourth Circuit Court of Appeals recently upheld the dismissal of a wage discrimination case by a female...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Applies ‘Virtually Identical' Standard to Pay Discrimination Claim

Employees who believe they have been paid less based on their gender have two federal legal remedies. They can pursue claims under Title VII and under the Equal Pay Act (EPA). While the two laws have somewhat different legal...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fourth Circuit Denies Wage Discrimination Claim Due to Job Responsibilities Not Being “Virtually Identical”

The Fourth Circuit Court of Appeals issued a published opinion on March 18, 2019, that will undoubtedly become a pivotal Equal Pay Act of 1963 (EPA) case in the context of higher education. In Spencer v. Virginia State...more

Fisher Phillips

Web Exclusive: February 2019: The Top 15 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

Orrick - Employment Law and Litigation

“Judges Are Appointed For Life, Not For Eternity”: SCOTUS Rules That Judge’s Vote in Equal Pay Case Does Not Count Due To Judge’s...

In April 2018, an en banc Ninth Circuit held in Rizo v. Yovino that an employer cannot justify a wage differential between male and female employees under the Equal Pay Act by relying on prior salary. ...more

Morgan Lewis

Supreme Court Vacates and Remands Ninth Circuit Opinion that Prior Pay Is Not a Defense to Equal Pay Act Claim

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The US Supreme Court issued a per curiam opinion on February 25 vacating and remanding the US Court of Appeals for the Ninth Circuit’s en banc opinion in Rizo v. Yovino, in which the Ninth Circuit held that prior pay cannot...more

Littler

U.S. Supreme Court Vacates and Remands Ninth Circuit's Decision in Equal Pay Case

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On February 25, 2019, the United States Supreme Court vacated and remanded the Ninth Circuit’s decision in Rizo v. Yovino, in which it held an employer cannot justify a wage differential between men and women by relying on...more

Seyfarth Shaw LLP

The Use of Salary History Still Up in the Air in the Ninth Circuit

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Seyfarth Synopsis: On technical grounds, the Supreme Court vacated the Ninth Circuit’s decision on the use of prior salary to explain pay differences under federal law....more

Stinson LLP

Supreme Court Vacates Ninth Circuit Ruling on Equal Pay Act Due to Judge's Death Prior to Decision Filing

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On Monday, the U.S. Supreme Court vacated the Ninth Circuit’s ruling in Rizo v. Yovino regarding the use of salary history information to determine wages, finding that, because Judge Stephen Reinhardt was deceased and...more

Dorsey & Whitney LLP

The Supreme Court - February 25, 2019

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Today, the Supreme Court issued one decision: Yovino v. Rizo, No. 18-272: Eleven days after Judge Stephen Reinhardt passed away, the Ninth Circuit filed an en banc decision listing Judge Reinhardt as the author of the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Salary History Is Not Quite History in the Ninth Circuit, According to Supreme Court

On February 25, 2019, in a much awaited decision, the Supreme Court of the United States issued a per curiam ruling in Yovino v. Rizo, No. 18-272, 586 U.S. ___ (2019). Rather than address the substantive issue of whether an...more

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