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Wage and Hour Equal Pay Act Gender-Based Pay Discrimination

Fisher Phillips

Pop Quiz: How Much Do You Know About International Women’s Day and Gender Equity in the Workplace?

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People around the globe will celebrate International Women’s Day on March 8 – which also happens to fall during Women’s History Month in the United States and a few other countries. As we take the time to honor women in...more

Fisher Phillips

Federal Appeals Court Revives University Worker’s Equal Pay Claim: How Your School Can Ensure Compliance

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In a decision that will have implications for how colleges and universities across the country pay their administrators, faculty, and staff, the 11th Circuit Court of Appeals in Atlanta this month revived a former athletic...more

Fisher Phillips

Year-End Reviews Pair Well with a Pay Equity Audit: A 4-Step Plan for Employers

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Many employers are now turning to the year-end performance review process and making decisions about bonuses, raises, and incentives for employees — which makes this an ideal time to audit your pay practices and fix any...more

Seyfarth Shaw LLP

Key Developments In Equal Pay Litigation: Appellate Courts Refuse To Clarify Proper Use Of A “One-Comparator Rule”

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Seyfarth Synopsis: One issue that has consistently divided the federal courts is whether an equal pay plaintiff can establish a prima faciecase of wage discrimination by pointing to a single comparator of the opposite sex who...more

Perkins Coie

Washington Expands Equal Pay Law To Cover All Protected Classes

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Washington Governor Jay Inslee signed into law Substitute House Bill 1905 on March 28, 2024, broadening the scope of Washington’s Equal Pay and Opportunities Act (EPOA)....more

Seyfarth Shaw LLP

Key Developments In Equal Pay Litigation: The Second Circuit Finally Sees Some Daylight Between Federal And State Equal Pay...

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It has been nearly a decade since some states began enacting changes to their equal pay statutes that appeared to some to differentiate those statues from the federal Equal Pay Act (“EPA”) in significant ways. Although those...more

Poyner Spruill LLP

Eleventh Circuit Clarifies Legal Standard in EPA Pay Discrimination Case

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The Equal Pay Act of 1963, 29 U.S.C. § 206(d) (“EPA”) requires men and women to receive equal pay for equal work.  In order to assert a claim under the EPA, an employee must show that she was paid less than a male comparator...more

Constangy, Brooks, Smith & Prophete, LLP

“Show Me the Money”: Pay equity and transparency in the workplace

Today is National Equal Pay Day. They say that the average woman has to work from January 1, 2023, through March 12, 2024, to make as much money as a man who worked only in calendar year 2023. While there are many...more

Poyner Spruill LLP

Fourth Circuit Rejects Plaintiff’s “Market Rate” Theory in Pay Discrimination Case

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The Equal Pay Act (EPA) and Title VII of the Civil Rights Act generally prohibit covered employers from discriminating against employees on the basis of sex with regard to compensation.  The EPA requires men and women to...more

Littler

Second Circuit Holds EPA “Factor Other Than Sex” Affirmative Defense Need Not Be Job-Related

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In Eisenhauer v. Culinary Institute of America, No. 21-2919-CV (2d Cir. Oct. 17, 2023), the U.S. Court of Appeals for the Second Circuit clarified that the federal Equal Pay Act (EPA) does not require employers to show that a...more

Seyfarth Shaw LLP

Second Circuit Clarifies That Federal Equal Pay Act Does Not Require “Factor Other Than Sex” Defense To Be Job Related

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Seyfarth Synopsis: On October 17, 2023, the Second Circuit issued the eagerly-awaited decision in Eisenhauer v. Culinary Institute of America. The court clarified that the federal EPA never required employers to show that a...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues LeachGarner for Sex Discrimination

Metallurgical Company Relegated Female Workers Into Lower-Paying Departments And Paid Them Less Than Male Employees, Federal Agency Charges - BOSTON – LeachGarner, Inc., a metallurgical manufacturer and supplier, violated...more

Cozen O'Connor

Will Pay Transparency Laws Level the Playing Field?

Cozen O'Connor on

According to the federal government, “[a]lthough the gender pay gap has narrowed since the signing of the Equal Pay Act of 1963, women earned 82 cents for every dollar a man earns, according to 2020 data from the Bureau of...more

Tucker Arensberg, P.C.

Inconsistent Practice of Salary Schedule Placement for New Employees Can Lead to Equal Pay Claim

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Rebecca Cartee-Haring v. Central Bucks School District, Civil Action No. 20-1995 (E.D. Pa. 8/24/22) (A federal court grants certification of a collective action by female teachers pursuing an Equal Pay Act claim for...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues University of Texas at Permian Basin Under The Equal Pay Act

Female Accounting Professor Paid Less than Male Professors for the Same Work, Federal Agency Charges - MIDLAND, Texas – The University of Texas at Permian Basin violated the Equal Pay Act by paying lesser wages to a female...more

Fisher Phillips

Court Permits Unequal Pay Collective Action to Proceed: What Schools Can Do to Proactively Avoid Wage Bias Litigation

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A group of female teachers in Pennsylvania were recently given the green light by a federal court judge to proceed with their wage bias lawsuit as a collective action, which should provide schools across the country incentive...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

Bradley Arant Boult Cummings LLP

All on Board: Mississippi Joins the Nation in Prohibiting Pay Discrimination Based on Gender

For the past three years, Mississippi remained the only state in the country that did not have a bill prohibiting pay discrimination based on gender. This all changed on April 20, 2022, when Mississippi Gov. Tate Reeves...more

Jackson Lewis P.C.

Mississippi Pay Equity Bill Crosses Finish Line

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Mississippi Governor, Tate Reeves, had three options. He could have vetoed the state’s pending pay equity bill. He did not. He could have let it come into effect without action. He passed on this path too. Instead, on...more

Robinson+Cole Manufacturing Law Blog

Recognizing the Critical Importance of Pay Equity in Manufacturing

National Equal Pay Day, a presidentially-proclaimed day intended to draw attention to gender-based pay disparities in the United States and beyond, was celebrated across the country on March 15, 2022. In recent years, this...more

Constangy, Brooks, Smith & Prophete, LLP

ABCs of employment law: Discrimination

A new series. NOTE FROM ROBIN: For months, I've been thinking about doing a series of posts with very basic explanations of the federal laws that govern the workplace. I think the series would be helpful to people who are...more

Epstein Becker & Green

Illinois Equal Pay Act: New Registration Certificate Requirements

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To comply with the latest iteration of the Illinois Equal Pay Act (IEPA), employers with at least 100 employees in the state of Illinois are required to submit an application to obtain an equal pay registration certificate...more

Fisher Phillips

Leveling the Playing Field: Lessons Employers Can Learn from U.S. Women’s Soccer $24 Million Settlement of Equal Pay Dispute

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In what is being portrayed as a significant victory for women in sports, the United States women’s national soccer team (USWNT) announced a $24 million-dollar settlement of a class action equal pay action against the U.S....more

Littler

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

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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

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