News & Analysis as of

Equal Pay Act Corporate Counsel Salary/Wage History

Parker Poe Adams & Bernstein LLP

Basing Salary on Prior Pay Risks Discrimination Claim

In recent years, a number of states and municipalities have adopted measures that restrict employers’ ability to base a new hire’s starting salary on what they made in their prior job. In the past, it was common for...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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”...

Seyfarth Shaw LLP on

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

Fisher Phillips

Employers Can’t Use Pay History To Escape Equal Pay Claims, Says 9th Circuit

Fisher Phillips on

Employers are not permitted to justify disparity in pay based on prior pay history, the 9th Circuit Court of Appeals just ruled, eliminating a defense to pay equity claims for businesses across the west coast. Although the...more

Franczek P.C.

Illinois Poised to Ban Salary History Inquiries

Franczek P.C. on

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

Jackson Lewis P.C.

Salary History Is Not A Permitted ‘Factor Other Than Sex’ Under Equal Pay Act, Ninth Circuit Holds

Jackson Lewis P.C. on

Prior salary alone or in combination with other factors cannot justify a wage differential between male and female employees under the Equal Pay Act, the U.S. Court of Appeals for the Ninth Circuit has held in an en banc...more

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

Washington's Pay Equity Update Prohibits Wage Secrecy Policies, Ensures Equity in Advancement Opportunities

On March 21, 2018, Governor Jay Inslee signed the Equal Pay Opportunity Act (EPOA) into law, updating Washington’s 1943 Equal Pay Act. The 1943 Equal Pay Act created a private right of action for women who are paid less than...more

Cozen O'Connor

Illinois Ban on Salary History Inquiries Dies on Governor’s Desk

Cozen O'Connor on

Illinois Governor Bruce Rauner has vetoed amendments to the Illinois Equal Pay Act that would have removed wage and salary history from the equation for employers when considering job applicants. Employers are cheering the...more

Littler

Oregon Enacts New Equal Pay Law that Includes Salary History Inquiry Restrictions

Littler on

On June 1, 2017, Oregon Governor Kate Brown signed into law H.B. 2005, also known as the Oregon Equal Pay Act of 2017. This law includes restrictions on salary history inquiries, expands existing remedies available to...more

Stoel Rives - World of Employment

Time to Revise Your Job Applications: Oregon Prohibits Salary History Inquiries in Effort to Address Systemic Wage Inequality

“Equal pay for equal work.” Everyone – employees and employers alike – can agree that no workers should be paid less than others simply because of their gender, race, veteran status, or any other protected characteristic. ...more

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

Ninth Circuit Clarifies Employer Burden Under EPA to Justify Pay Differential

On April 27, 2017, a panel of the Ninth Circuit Court of Appeals vacated and remanded a district court’s ruling denying an employer’s motion for summary judgment on an Equal Pay Act (EPA) claim. In so doing, the court...more

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