News & Analysis as of

Salary/Wage History

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

Westchester County, New York, Joins Albany County and New York City in Prohibiting Salary History Inquiries

On April 10, 2018, Westchester Country Executive George Latimer signed into law the Wage History Anti-Discrimination Law, which was adopted by a unanimous vote of the Westchester County Board of Legislators a day earlier. The...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

Westchester County Prohibits Salary History Inquiries

by Fisher Phillips on

Westchester County has enacted a Wage History Anti-Discrimination Law which will soon make it illegal for employers to ask potential employees their salary history. The law was passed by the County Board of Legislators on...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

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

Employment Law This Week®: Sexual Harassment Legislation, Browning-Ferris Appeal, DTSA Whistleblower Immunity, Salary History and...

by Epstein Becker & Green on

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...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

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

What Employers Need to Know Now About the Ninth Circuit’s Salary History Decision

The Ninth Circuit Court of Appeals recently released its opinion in Rizo v. Yovino, No. 16-15372 (April 9, 2018). In this high-profile case, the court held that “prior salary alone or in combination with other factors cannot...more

Employment Law Reporter April 2018: Summary of New Laws Affecting California Employers

by Ervin Cohen & Jessup LLP on

The past year has been a busy one for passing employment-related legislation. Numerous new laws have gone into effect that impact how California employers manage and interact with their current, prospective, and former...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

9th Circuit Rules That Employers Cannot Rely on Applicant’s Prior Salary to Justify Wage Disparities under the Equal Pay Act

• The 9th Circuit has ruled that employers may not rely on prior salary, alone or in combination with other factors, to justify wage disparities under the Equal Pay Act. • The 9th Circuit ruling does not address whether...more

Employers Can’t Use Salary History to Defend Pay Gap

by Franczek Radelet P.C. on

On Monday, April 9, 2018, the day before Equal Pay Day, the Ninth Circuit Court of Appeals held that employers cannot use an employee’s past salary to justify paying women less than men under the federal Equal Pay Act (EPA). ...more

Washington’s New Pay Equity Law Creates More Stringent Requirements for Employers

by Davis Wright Tremaine LLP on

On March 21, 2018, Governor Inslee signed into law House Bill 1506, an amendment to Washington’s Equal Pay Act that significantly expands protections for employees. Under the amended statute, which takes effect on June 7,...more

462 Results
|
View per page
Page: of 19
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.