California Employment Law Update

Category Archives: Equal Pay Act

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March 2020 California Employment Law Notes

We invite you to review our newly-posted March 2020 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Time Spent By Employees In Exit Searches Is Compensable Prior Pay Is Not A Defense To An Equal Pay Act Claim Constructive Termination And Joint … Continue Reading

9th Circuit Holds that Prior Salary is Not a Defense to An Equal Pay Act Claim

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 under the Equal Pay Act (“EPA”) against the school district for paying her substantially less than her … Continue Reading

Ninth Circuit Changes Federal Pay Equity Rules

By Anthony J. Oncidi and Nayirie Kuyumjian           On Monday, the Ninth Circuit issued a significant opinion, Rizo v. Yovino, 2018 WL 1702982 (9th Cir. April 9, 2018), authored by the late “liberal lion” Judge Stephen Reinhardt, holding that an employer’s consideration of prior salary information cannot serve as a justification … Continue Reading

San Francisco to Bar Employers from Seeking Disclosure of Salary History

San Francisco has become the latest jurisdiction to pass a law restricting employers from inquiring about prior salary history during the hiring process.  The ordinance, which will go into effect on July 1, 2018, will restrict employers from: (i) considering or relying on an applicant’s salary history as a factor in determining whether to make … Continue Reading

Handful of State “Job Killer” Bills Move On to Second House

According to reporting from the California Chamber of Commerce, several recently introduced bills have passed the California State Senate or Assembly and now move on to a vote in the second house. These bills include: Assembly Bill 1209 – requires California employers with more than 250 employees to collect data on the mean and median … Continue Reading

Employer That Paid Females Less Than Males Based On Prior Salaries May Avoid Liability Under Equal Pay Act

Rizo v. Yovino, 2017 WL 1505068 (9th Cir. 2017) Aileen Rizo, who is an employee of the public schools in Fresno County, sued for violation of the federal Equal Pay Act (“EPA”) after she learned that her male counterparts were being paid more for performing the same work. In its summary judgment motion, the county … Continue Reading

Equal Pay Act Expanded

In 2015, the Legislature enacted significant amendments to California’s Equal Pay Act (Labor Code § 1197.5) to address gender wage inequality. This year, the Legislature enacted additional amendments to the statute prohibiting wage inequality based upon race or ethnicity for substantially similar work. (SB 1063.) Additionally, the Legislature enacted a further amendment specifying that an … Continue Reading
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