On April 30, 2020, Judge V. Raymond Swope of San Mateo Superior Court granted plaintiffs’ motion for class certification in Jewett et al. v. Oracle America, Inc. In doing so, the court certified a class of more than 4,100...more
6/12/2020
/ Affirmative Defenses ,
Class Action ,
Class Certification ,
Disparate Impact ,
Employer Liability Issues ,
Employment Litigation ,
Equal Pay ,
Equal Pay Act ,
Gender Discrimination ,
Gender-Based Pay Discrimination ,
Oracle ,
Pay Discrimination ,
Wage and Hour
Earlier this month, the U.S. District Court for the Central District of California granted the defendant U.S. Soccer Federation’s motion for summary judgment with respect to the plaintiffs’ Equal Pay Act (EPA) claims....more
On February 27, 2020, the Ninth Circuit issued a long-anticipated decision in Rizo v. Yovino. Consistent with the Ninth Circuit’s original opinion issued in 2018, which was vacated on procedural grounds by the United States...more
3/4/2020
/ Compensation & Benefits ,
Disparate Impact ,
Employment Litigation ,
Equal Pay ,
Equal Pay Act ,
Federal Labor Laws ,
Pay Discrimination ,
Pay Gap ,
SCOTUS ,
Summary Judgment ,
Vacated ,
Wage and Hour ,
Yovino v Rizo
On February 6, 2020, the Third Circuit Court of Appeals upheld Philadelphia’s salary history ordinance and reversed the decision of the United States District Court for the Eastern District of Pennsylvania which had held that...more
2/12/2020
/ Appeals ,
Constitutional Challenges ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Equal Pay ,
First Amendment ,
Gender Discrimination ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Injunctive Relief ,
Job Applicants ,
Labor Regulations ,
Local Ordinance ,
Pay Equity Laws ,
Pay Gap ,
Preliminary Injunctions ,
Salary/Wage History ,
State and Local Government ,
Stays ,
Wage and Hour
On July 5, 2019, Toledo, Ohio Mayor Wade Kapszukiewicz signed the Pay Equity Act to Prohibit the Inquiry and Use of Salary History in Hiring Practices. ...more
On July 31, 2019, Illinois Governor J.B. Pritzker signed House Bill 834 into law, strengthening and amending the Illinois Equal Pay Act of 2003 (“IEPA”). Key changes to the IEPA take effect on September 29, 2019 and include...more
8/5/2019
/ Adverse Employment Action ,
Anti-Discrimination Policies ,
Anti-Retaliation Provisions ,
Employer Liability Issues ,
Equal Pay ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
NLRA ,
Pay Equity Laws ,
Pay Gap ,
Regulatory Requirements ,
Salary/Wage History ,
Section 7 ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Kansas City, Missouri joined the growing list of cities with salary history bans, aligning with a national trend that continues to gain momentum. On May 23, 2019, the city council passed Ordinance No. 190380—aimed to address...more
5/31/2019
/ Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
Pay Equity Laws ,
Pay Gap ,
Salary/Wage History ,
State and Local Government ,
Wage and Hour
On May 9, 2019, Washington Governor Jay Inslee signed House Bill 1696, the state’s most recent pay equity legislation, which the bill claims is an “additional step towards gender equality.” ...more
5/17/2019
/ Amended Legislation ,
Employer Liability Issues ,
Equal Pay ,
Gender Discrimination ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Pay Equity Laws ,
Pay Gap ,
Salary/Wage History ,
Sex Discrimination ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On April 12, 2019, Maine’s Governor, Janet Mills (D), signed L.D. 278, a pay equity bill titled “An Act Regarding Pay Equality.” The law amends existing pay equity legislation and generally prohibits employer inquiries into...more
4/23/2019
/ Employer Liability Issues ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On March 27, 2019, the U.S. House of Representatives passed H.R. 7, the Paycheck Fairness Act. The bill would amend the Equal Pay Act of 1963 (EPA) to expand potential damage awards for equal pay claims, limit an employer’s...more
On February 25, 2019, the United States Supreme Court vacated and remanded the Ninth Circuit’s decision in Rizo v. Yovino, in which it held an employer cannot justify a wage differential between men and women by relying on...more
3/1/2019
/ Appeals ,
Deceased ,
En Banc Review ,
Equal Pay Act ,
Judge Reinhardt ,
Judicial Review ,
Precedential Opinion ,
Reversal ,
Salary/Wage History ,
SCOTUS ,
Yovino v Rizo
On January 1, 2018, California’s salary history ban (A.B. 168) took effect. Under A.B. 168, California employers are prohibited from “seek[ing] salary history information” from an applicant....more
8/8/2018
/ Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
Fair Pay Act ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
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