A recent decision by the U.S. Court of Appeals for the Fifth Circuit serves as a reminder that an employer should be prepared to justify any pay differential between male and female employees. Most employers are aware that the Equal Pay Act requires that men and women in the same workplace be given equal pay for equal work. Employees’ jobs that are being compared must require substantially equal skill, effort, and responsibility, and must be performed under similar working conditions.
Read more »Tag: equal pay act
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Employers Should ‘Pay’ Attention to Recent Fifth Circuit Case About Equal Pay Act Requirements Posted on: March 05, 2021 In: Labor & Employment
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Ninth Circuit Holds Prior Salary Alone or in Combination with Other Factors Cannot Justify Gender Pay Gaps Under The Equal Pay Act Posted on: March 11, 2020 In: Labor & Employment
On February 27, 2020, the Ninth Circuit in Rizo v. Yovino held that an employer cannot rely on an individual’s prior salary alone or in combination with other job-related factors to justify a wage disparity between a male and female employee when defending against an Equal Pay Act (EPA) claim. The EPA prohibits employers from paying male and female employees differently for the same work, with a few exceptions, including when a pay difference is based on a “factor other than sex.”
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Equal Pay and Barbie Dolls Posted on: November 05, 2019 In: Labor & Employment
Last week, I had the honor of speaking on a panel at the national First Chair Equal Pay Summit in Chicago, attended by prominent women from top law firms and companies in the U.S. (and some delightful and progressive men). I was equally amazed by the incredible dedication of this group to equality in pay and opportunity for women and the fact that the conference was necessary in the first place.
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‘Not for Eternity’ – Implications From The Supreme Court Reversal of a Deceased Judge’s Ruling Posted on: March 28, 2019 In: Labor & Employment
The law is an ever-evolving and unpredictable thing. As are the courts and their judges – whether dead or alive. The conservative majority on the U.S. Supreme Court typically has no difficulty finding reasons to vacate or reverse a decision from the notoriously liberal Ninth Circuit Court of Appeals.
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