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Appeals Equal Pay

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

Foley & Lardner LLP

EEOC Files Amicus Brief in Support of the U.S. Women’s National Soccer Team

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The Equal Employment Opportunity Commission (EEOC) has stepped into the U.S. Women’s National Soccer Team’s fight for equal pay. In March 2019, players from the team filed a lawsuit alleging pay discrimination by the...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

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

Constangy, Brooks, Smith & Prophete, LLP

Court Dismisses EEO-1 Comp Reporting Appeal

The case is now moot, says the D.C. Circuit. The U.S. Court of Appeals for the District of Columbia Circuit has dismissed as moot the appeal of the government in the case of National Women's Law Center v. Office of...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

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

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

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

Stinson - Government Contracting Matters

End to EEO-1 Component 2 Pay Data Reporting for Now…

On February 10, 2020, in National Women’s Law Center v. Office of Management and Budget, the U.S. District Court for the District of Columbia ordered the Equal Employment Opportunity Commission’s (EEOC’s) collection of gender...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

Cozen O'Connor

Third Circuit Upholds Philadelphia Wage History Ordinance

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On February 6, 2020, the U.S. Court of Appeals for the Third Circuit upheld a City of Philadelphia ordinance that prohibits employers from inquiring after and/or relying upon a prospective employee’s wage history in any...more

Seyfarth Shaw LLP

Pay Equity Litigation Update:  Third Circuit Upholds Philadelphia Ordinance Banning Inquiries Into Job Applicants’ Pay History

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Seyfarth Synopsis: Many states and cities have recently enacted laws prohibiting employers from inquiring about an applicant’s salary history or seeking that information from the applicant or the applicant’s current or former...more

Littler

Third Circuit Lifts Preliminary Injunction and Green Lights Philadelphia’s Salary History Ordinance

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On February 6, 2020, the Third Circuit Court of Appeals upheld Philadelphia’s salary history ordinance and reversed the decision of the United States District Court for the Eastern District of Pennsylvania which had held that...more

Troutman Pepper

Third Circuit Upholds Philadelphia's Salary History Ban

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The U.S. Court of Appeals for the Third Circuit has ruled that a Philadelphia city ordinance that prohibits Philadelphia employers from asking applicants about their current or past pay rates is constitutional....more

White and Williams LLP

Philadelphia Salary History Ordinance Upheld by Court of Appeals

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On Thursday, February 6, 2020, the Third Circuit Court of Appeals issued an order upholding Philadelphia’s Salary History Ordinance (the Ordinance). Philadelphia was an early adopter of legislation prohibiting inquiries into...more

Littler

Littler Global Guide - United Kingdom - Q4 2019

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Leaked Legal Advice Protected Under Privilege, Court of Appeal Holds - Precedential Decision by Judiciary or Regulatory Agency - On October 22, 2019, the UK Court of Appeal held that a leaked email, in which in-house...more

Foley & Lardner LLP

Lower Pay for Equal Work is Not Sole Path for Pay Discrimination Claim

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Consider this hypothetical: An employer operates a national business, and has two vice president of sales (VP) positions. The VPs have essentially the same tenure with the company and the same duties, except one oversees the...more

Fisher Phillips

Federal Appeals Court Lowers Bar To Advance Pay Equity Claims

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A federal appeals court just ruled that workers don’t need to clear a heightened legal standard in order to pursue pay equity claims, setting the stage for a possible increase in the number of lawsuits seeking recovery for...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - December 2019

This edition of Employment Flash looks at recent NLRB activity, including its issuance of a decision suggesting two members would be willing to reconsider a precedent regarding surveillance of employees’ union activity. We...more

Miles & Stockbridge P.C.

Lessons Learned about Equal Pay in Higher Education

The #MeToo movement has brought public awareness to claims concerning pay disparity based on gender. As more and more women bring equal pay claims and enter into hefty settlements, the general public begins to internalize the...more

Dechert LLP

Shared parental leave: should employers enhance shared parental leave pay if they enhance maternity pay?

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The Court of Appeal has held that, under the equality law of England and Wales, it is not unlawfully discriminatory on the basis of sex for an employer to enhance the maternity pay it pays to female employees beyond the...more

Littler

Littler Global Guide - United Kingdom - Q1 2019

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The UK Court of Appeal ruled on January 31, 2019, that shop floor staff working for national supermarket chain could compare their pay and terms to distribution center workers. Over 7,000 mostly female shop floor staff have...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

Littler

New Mexico’s Fair Pay for Women Act Not Limited to Private Employers

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The New Mexico Court of Appeals held in Wolinsky v. New Mexico Corrections Department that the state Fair Pay for Women Act’s definition of “employer” extends to the State of New Mexico and its agencies. ...more

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