News & Analysis as of

Equal Pay Act

Got Employees In Massachusetts And New Jersey? What You Need To Know As MA And NJ Employers Are Mandated To Break The Glass...

by Pepper Hamilton LLP on

Q. Are there any Equal Pay Acts that apply specifically to employers in Massachusetts and New Jersey? A. On July 1, 2018, an updated equal pay law becomes effective in Massachusetts, referred to as “MEPA” (Massachusetts...more

“Comparable Work” Under Massachusetts Equal Pay Act: Defined

by Locke Lord LLP on

As you undoubtedly know, the amendments to the Massachusetts Equal pay Act (“MEPA”), effective July 1, provide that “[n]o employer shall discriminate in any way on the basis of gender in the payment of wages, or pay any...more

Dear Byron: Let's Talk About Prior Salary

by Verrill Dana LLP on

[Letter to Byron D. Verrill, who in 1862 began the law practice known today as Verrill Dana, LLP] - Dear Byron D. Verrill - When I’m interviewing applicants for a new position is it okay for me to ask about prior or...more

Ninth Circuit Rules That Basing Employees’ Wages on Their Prior Compensation Violates the Equal Pay Act

Employers in the Ninth Circuit (which includes Washington, Oregon, California, Alaska, Idaho, Montana, Nevada, Arizona, and Hawai’i) can no longer justify pay differentials between male and female employees based upon...more

Massachusetts and the Ninth Circuit: Recent Ban On Using Prior Salary as Basis for Gender Pay Gap

by FordHarrison on

The federal Equal Pay Act already imposes limitations on employers when it comes to compensating employees of the opposite sex for equal work....more

Ninth Circuit Holds "Catchall" Exception to the Equal Pay Act is Limited to "Job-Related" Factors, Excludes Consideration of Prior...

by Littler on

In Rizo v. Yovino, the U.S. Court of Appeals for the Ninth Circuit recently examined whether an employer can justify a wage differential between male and female employees by relying on prior salary. ...more

Employers Cannot Consider Prior Salary History To Justify Wage Gap Under The Federal Equal Pay Act

by Jackson Lewis P.C. on

On April 9, 2018, the Ninth Circuit Court of Appeals issued its opinion in Rizo v. Yovino, holding that employers cannot consider an employee’s prior salary either alone or in combination with other factors to justify salary...more

The Ninth Circuit Flip-Flops on the Equal Pay Act, Butting Heads with the Seventh Circuit

by Polsinelli on

On April 9, the Ninth Circuit Court of Appeals issued its decision in Rizo v. Yovino, which held that salary history may not be used by an employer as a factor when defending gender disparities in initial wages, whether...more

Ninth Circuit Finds That Employers May Not Use Salary History to Justify Differences in Pay

by Pepper Hamilton LLP on

Despite the Equal Pay Act being enacted more than 50 years ago, women still earn only 80 percent of what men earn for equivalent jobs. This pay disparity is perpetuated when a woman is paid less than her male co-worker...more

En Banc 9th Circuit Rules Unequal Pay Cannot be Justified by Salary History

by Weiner Brodsky Kider PC on

The Ninth Circuit, sitting en banc, recently held that an employee’s prior salary does not constitute a “factor other than sex” upon which a wage differential may be based under the statutory “catchall” exception set forth in...more

Changes In The Air – Employers Considering Prior Salary When Setting Wages Need To Know The Applicable Laws

by SmithAmundsen LLC on

The Equal Pay Act can create significant exposure for employers, if not considered when setting female employees’ wages – especially if you are relying upon a female applicant’s prior salary history and there is a difference...more

Use of Salary History Taboo? Ninth Circuit Weighs In

by Hinshaw & Culbertson LLP on

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

Ninth Circuit: Prior Pay No Defense to Equal Pay Act Claim

by Morgan Lewis on

The recent ruling by a federal appeals court holds that prior pay does not justify pay differential between male and female employees under the Equal Pay Act. Along with state and local laws that regulate reliance upon...more

Full Ninth Circuit Says Use of Salary History Violates Equal Pay Act

Over the past several years, a number of states have passed or considered legislation that prohibits employers from using an applicant’s prior salary history when setting incoming pay rates. The legislation is based on a...more

New Jersey Becomes Latest State To Pass Equal Pay Legislation

by Fisher Phillips on

New Jersey will become the latest state to mandate a comprehensive equal pay law as Governor Phil Murphy announced that he will sign the “Diane B. Allen Equal Pay Act”—recently passed by the state legislature—on April 24,...more

En Banc Ninth Circuit Throws In Its Two Cents Regarding Use of Prior Salary Information To Justify Pay Differentials

Last year, we covered a Ninth Circuit panel decision which concluded that an employer may rely on prior salary information as an affirmative defense to claims under the federal Equal Pay Act (“EPA”) if “it show[s] that the...more

Employers Cannot Pay Women Less Than Men Based on Salary History, Ninth Circuit Rules

by Locke Lord LLP on

The U.S. Ninth Circuit Court of Appeals has issued an opinion this week that will not only impact how courts nationwide evaluate pay discrimination claims, but also may require employers to re-evaluate their hiring and...more

Federal Appeals Court Rejects Employer's Reliance on Employee's Salary History in Attempt to Defeat Equal Pay Claim

In a decision receiving nationwide media coverage, the U.S. Court of Appeals for the Ninth Circuit has held that an employer cannot defeat a federal Equal Pay Act claim by relying on an employee's prior salary, whether alone...more

Prior Salary No Longer A Defense To Equal Pay Claims?

by Fox Rothschild LLP on

This week, the 9th Circuit issued a decision that many say represents a sea change in how employers may defend against Equal Pay Claims. The decision in Rizo v. Yovino issued on April 9, 2018 overturned decades of...more

Ninth Circuit Holds Prior Salary Information Does not Justify Pay Disparities Under Equal Pay Act

by Stinson Leonard Street on

States and localities increasingly banning salary history inquiries - The latest development in the law surrounding use of employee and applicant salary history data provides further reason for employers to reconsider the...more

Double Take: NJ Governor Poised To Enact Equal Pay Act On Equal Pay Day

by Jackson Lewis P.C. on

On April 24, 2018, National Equal Pay Day, New Jersey Governor Phil Murphy plans to sign the Diane B. Allen Equal Pay Act (the “Act”) into law. Senate Bill S-104, reintroduced in this legislative session, contains sweeping...more

Is Use Of Salary History Inherently Discriminatory?

One court says yes, but it's complicated. How quickly things change. Last week, I was all mellow about the gender pay gap. Then, on Monday, the U.S. Court of Appeals for the Ninth Circuit issued its decision in Rizo v....more

Prior Salary Cannot Justify Pay Disparities Under the Federal Equal Pay Act

by Davis Wright Tremaine LLP on

In an important decision, the Ninth Circuit overturned its long-standing precedent to rule that prior salary, whether alone or in combination with other factors, is no longer a defense to a claim of pay discrimination under...more

Employers May Not Use Pay History as Defense to Equal Pay Act Claims

by McGuireWoods LLP on

Earlier this week, just one day before Equal Pay Day, the 9th Circuit issued an en banc opinion in Rizo v. Yovino, holding that a prospective employee’s pay history cannot justify a wage disparity as a “factor other than sex”...more

Salary History Cannot Justify Unequal Pay Between Men and Women, According to Ninth Circuit

by Holland & Hart LLP on

The Ninth Circuit Court of Appeals ruled this week that an employer cannot justify a pay difference between male and female employees performing equal work based on prior salary. Rizo v. Yovino. This is a significant decision...more

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