DE Under 3: FAR Council's Latest Proposed Rule & OFCCP's 10 New FAQs on Compensation History
Labor & Employment Law: Vermont and Federal Legislative Update
Employment Law This Week®: Gig Worker Classification, NLRB Rulemaking Agenda, Non-Compete Agreement Backlash
Trends in Pay Equity - Developments in California, New York, Massachusetts and Nationwide
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
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
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
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 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
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
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
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
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
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
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
On December 3, 2021, the U.S. Court of Appeals for the Fourth Circuit rejected the notion that under the federal Equal Pay Act (EPA), equality should be assessed based on total compensation, holding instead that equality must...more
In 2019, the United States District Court for the District of Oregon dismissed a lawsuit brought by Jennifer Freyd, professor of psychology at the University of Oregon, against the University and two University officials. In...more
On January 5, 2021, the U.S. Court of Appeals for the Seventh Circuit issued a decision in Kellogg v. Ball State University that expanded the scope of potential evidence plaintiffs may rely on to support their Equal Pay Act...more
A federal court in Maryland recently found that Baltimore City’s Enoch Pratt Free Library, the City’s public library system, violated federal pay equity law and is thus liable for more than $190,000 in backpay and liquidated...more
The EEOC recently sued Dell, Inc. for alleged violations of the Equal Pay Act (EPA) and Title VII of the Civil Rights Act of 1964, both of which prohibit discrimination in compensation on the basis of sex. According to the...more
The U.S. Supreme Court declined to weigh in on the question of whether employers can use prior salary history as a defense in equal pay claims, leaving an open question around the country about whether such a justification is...more
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
On Tuesday, May 12, 2020, the Ninth Circuit heard oral argument in Freyd v. University of Oregon. Jennifer Freyd, a professor of Psychology at the University of Oregon, filed a class action lawsuit in March 2017 alleging...more
In March of 2019, members of the U.S. Women’s National Soccer Team (WNT) filed a collective and class action in federal court against the United States Soccer Federation, Inc. (USSF), asserting claims under Title VII and the...more
Equal Pay Act Claims and “A Factor Other Than Sex” – Past Salary Information - The en banc Ninth Circuit Court of Appeals has held that a female employee’s Equal Pay Act claim against her county-employer should be revived....more
Employer Pays Long-Term Female Employee Less Than Two Men Who Have the Same Job, Federal Agency Charges - DETROIT -- Covenant HealthCare, a non-profit health care system based in Saginaw, Mich., is violating federal law...more
In April 2018, the Ninth Circuit held that employers cannot consider pre-employment salary history, even in combination with other factors, to justify gender pay disparities. See Rizo v. Yovino, 887 F.3d 453 (9th Cir. 2018)...more
Yesterday, the full Ninth Circuit held that an employer cannot rely on an individual’s prior salary to justify a wage disparity between a male and female employee. In Rizo v. Yovino, a female math teacher brought a claim...more
The Second Circuit has held that employees who allege they were underpaid on the basis of their sex, in violation of Title VII of the Civil Rights Act, are not required to first establish an Equal Pay Act claim but rather...more