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Job Applicants Affirmative Defenses

Littler

Salary Negotiation Can Provide Affirmative Defense to Equal Pay Act Claim as “Factor Other Than Sex”

Littler on

A female applicant applies for a position that was widely advertised.  During her interview she insists on being paid $100,000. The employer agrees to her salary demand although it employs a male doing substantially similar...more

Fisher Phillips

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

Fisher Phillips on

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

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

Foley & Lardner LLP

How Massachusetts’ New Equal Pay Law Impacts Employers

Foley & Lardner LLP on

On August 1, 2016, Massachusetts became the first state to bar employers from asking job applicants about their salary history before making a formal job offer that includes compensation. Under the new law, employers may not...more

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

Massachusetts Nearing Enactment of Sweeping Pay Equity Legislation

Continuing a trend, Massachusetts is poised to implement major changes to its equal pay laws. Following the lead of California, New York, and Maryland, which each enacted expansive equal pay laws in the last few months,...more

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