News & Analysis as of

Equal Pay

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

Hot Topics: Focus on the Gender Pay Gap

by Shearman & Sterling LLP on

Recently, the gender pay gap has become the subject of increased scrutiny and media attention as a growing movement works to bring an end to gender-based wage differentials. On April 9, 2018, there was an interesting...more

Massachusetts Pay Equity Law Bans Salary History Inquiry, and So Much More

by Burns & Levinson LLP on

The Act to Establish Pay Equity, amending G.L. c.149, §105A (MA Pay Equity Law), goes into effect July 1, 2018. All employers, regardless of number of employees, whose employees perform all or the greater part of their work...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

Proposed Bill Would Nix Pay Q’s

by Sherman & Howard L.L.C. on

A bill introduced last week in the Colorado House of Representatives would make it an unfair employment practice under Colorado’s Antidiscrimination Act (CADA) for an employer to seek earnings history for job applicants....more

Localities And The Salary History Ban: Next Stop, Westchester County, New York

by Jackson Lewis P.C. on

New York’s Westchester County is the latest locality to adopt legislation prohibiting employers from asking prior salary histories of a prospective employee. On Equal Pay Day, April 10, 2018, Westchester County Executive...more

NY Governor Wants Employers to Say No to Salary History

by Fisher Phillips on

On April 10, 2018, Equal Pay Day, New York Governor Andrew Cuomo unveiled proposed legislation banning all employers in New York from asking job applicants about their salary history. The legislation is aimed at closing the...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

New Pay Equity Law In Washington State

by Littler on

Washington State has joined the ranks of jurisdictions that have adopted expanded equal pay legislation. The Equal Pay Opportunity Act (EPOA) was signed into law on March 21, 2018, and will take effect on June 7, 2018....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

Beltway Buzz - April, 2018 #2

Ryan Retires. House Speaker Paul Ryan (R-WI) announced on April 11 that he won’t seek reelection in November. While Ryan is much more of a budget wonk than a labor guru, the Buzz will be monitoring the impacts of this...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

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