News & Analysis as of

Pay Gap Salary/Wage History Equal Pay Act

Butler Snow LLP

Being Clear on New Laws Regarding Pay Transparency

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As of early November 2022, employers in New York City must disclose salary information in their job postings as part of its recent pay transparency law, as passed by New York’s City Council. This is part of a growing trend of...more

Littler

Minding the Pay Gap: What Employers Need to Know as Pay Equity Protections Widen (UPDATED)

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I. Introduction - The pay gap – or paying women and other historically marginalized groups less for the same or substantially similar work – has long been in the media spotlight. But as employees, boards, consumers, and...more

Seyfarth Shaw LLP

Equal Pay Litigation Trends Update: One Comparator, Two Comparators, Three Comparators, More? Courts Revisit The One-Comparator...

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Seyfarth Synopsis: This is the second in a series of posts that investigate trends in equal pay litigation resulting from the recent uptick in the number and quality of equal pay lawsuits. This post examines how courts are...more

Seyfarth Shaw LLP

The Battle Over Prior Salary History Continues: Federal Court In Virginia Holds That It Is A Legitimate “Factor Other Than Sex”...

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Seyfarth Synopsis: On April 5, 2021, in Abe v. Virginia Department of Environmental Quality, the U.S. District Court for the Eastern District of Virginia held that Fourth Circuit precedent supports the use of prior salary by...more

PilieroMazza PLLC

Hiring? Recent Amendments to Equal Pay for Equal Work Act Impose New Limits on Employers

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Almost thirty years ago, Maryland’s General Assembly passed the Equal Pay for Equal Work Act (Act), imposing an obligation on Maryland employers to pay employees equal amounts for the same work, regardless of the employee’s...more

Epstein Becker & Green

U.S. Supreme Court Lets Stand Ninth Circuit Ban on ‘Salary History’ Defense to an Equal Pay Act Claim

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In recent years, wage discrimination has been a hot topic and with it, the question of whether employers may rely on a worker’s salary history to justify a pay disparity between male and female employees. In a 2018 case...more

Seyfarth Shaw LLP

Equal Pay Day 2020: Seyfarth’s Release of Equal Pay Resources

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Seyfarth Synopsis: On Equal Pay Day 2020, Seyfarth’s Pay Equity Group is pleased to release two reference guides: its Fourth Annual 50-State Pay Equity Desktop Reference and 2020 Developments in Pay Litigation Report. ...more

Hinshaw & Culbertson LLP

State of Illinois Prohibits Employers from Using Salary History in Hiring Process

On July 31, 2019, Illinois joined a growing list of state and local governments that have banned employers from using salary history in the hiring process. For those keeping count, there are now 18 state bans and 18 municipal...more

Polsinelli

Illinois Amends Equal Pay Act to Prohibit Questions About Salary History

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Recently, Illinois amended its Equal Pay Act to include a ban on salary-history inquiries, with the stated goal of reducing gender pay inequities.  Specifically, the amendments prohibit employers from asking questions...more

Seyfarth Shaw LLP

Illinois - the Newest State to Toughen its Equal Pay Laws with a Robust Salary History Ban

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Seyfarth Synopsis: On July 31, 2019, the Illinois Governor J.B. Pritzker signed HB0834 into law, amending the state’s Equal Pay Act. The amendments toughen the state’s pay equity protections and includes a salary history...more

Ballard Spahr LLP

New York Expands Salary Protections for Employees

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New York Governor Andrew Cuomo signed two bills into law yesterday, amending Labor Law §194, to address the much-discussed "wage gap." New York previously barred pay differences based on gender, but the law signed...more

Franczek P.C.

Illinois Poised to Ban Salary History Inquiries

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Among the bills awaiting signature by Illinois Governor J.B. Pritzker is an amendment to the Illinois Equal Pay Act of 2003 that would ban employers from asking job applicants for information about their wage, salary or...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2019 Insights: Responding to the Call for Equal Pay

Over the past couple of years, heightened awareness of and activism about pay inequity has resulted in public commitments from major companies to take steps to address the issue, both in the U.S. and in Europe....more

Fisher Phillips

Changes Are Coming to the Illinois Equal Pay Act

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The Illinois House of Representatives and Senate recently voted to override Illinois Governor Bruce Rauner’s veto of proposed changes to the Illinois Equal Pay Act, meaning that employers will soon be required to comply with...more

Seyfarth Shaw LLP

California Attempts To Clarify Salary History Ban Legislation

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California Governor Brown signed into law yesterday Assembly Bill No. 2282 to clarify previously passed legislation that prohibits inquiries into an applicant’s salary history....more

Poyner Spruill LLP

Ninth Circuit Court of Appeals Creates New Risks for Employers with Gender Pay Disparities

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A recent Ninth Circuit Court of Appeals opinion upended long-standing precedent under which employers could rely on prior salary data to justify pay differences between employees of different genders when defending claims...more

FordHarrison

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

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

Littler

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

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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

Jackson Lewis P.C.

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

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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

Polsinelli

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

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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

Troutman Pepper

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

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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

Locke Lord LLP

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

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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

Fox Rothschild LLP

Prior Salary No Longer A Defense To Equal Pay Claims?

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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

Constangy, Brooks, Smith & Prophete, LLP

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

Seyfarth Shaw LLP

Equal Pay Day 2018: Trends and Developments in Pay Equity Litigation

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This publication provides a brief overview of recent trends and developments in pay equity litigation and analyzes significant decisions and filings that have had an impact on those issues. We hope that our clients and...more

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