U.S. Supreme Court Rules that the Vote of a Deceased Judge in Federal Court does not Count

On February 25, 2019, the United States Supreme Court had to decide whether a federal court could lawfully count the vote of a judge who died before a decision was issued.  Yovino v. Rizo, No. 18-272 (February 25, 2019).  The Supreme Court held that the U.S. Court of Appeals for the Ninth Circuit erred when it counted the vote of Judge Reinhardt who died prior to the opinion being filed.

Aileen Rizo brought a case against her employer, the Fresno County Office of Education, on the grounds that the county was violating the Equal Pay Act of 1963.  Ms. Rizo claimed she was paid less than her male counterparts for performing the same job.  The county justified the pay disparity by factoring in issues such as salary history.  When the case was initially brought before the Ninth Circuit, the court held that the employer’s reliance on prior history salary was lawful because this factor had nothing to do with sex.  Ms. Rizo then petitioned for an en banc review by the Ninth Circuit, which was granted.  After the en banc review, the Ninth Circuit reversed its prior opinion, holding that prior salary history may not be considered to justify pay disparity. Continue reading “U.S. Supreme Court Rules that the Vote of a Deceased Judge in Federal Court does not Count”

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The Ninth Circuit Examines Whether Prior Salary Can Justify Wage Discrepancies Under the Equal Pay Act

The Equal Pay Act prohibits employers from paying men and women differently for equal work.  However, is it unlawful for an employer to have a policy that offers its new hires a salary that is five percent higher than their previous salary if the policy results in a female worker getting paid less than all her male colleagues?

 

In a 1982 decision, Kouba v. Allstate Insurance, the Ninth Circuit held that an employer can take prior salary into account when deciding an employee’s pay rate if the prior salary effectuated a business policy and was reasonable.  691 F.2d 873 (9th Cir. 1982).  In a decision last month, the Ninth Circuit provided further guidance on the extent to which employers can rely on prior salary in determining its employees’ pay.  Rizo v. Yovino, No. 16-15372 (April 27, 2017).  Continue reading “The Ninth Circuit Examines Whether Prior Salary Can Justify Wage Discrepancies Under the Equal Pay Act”

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California Fair Pay Act Expands State Law Against Pay Inequality

gavel-952313-mThe California Equal Pay Act prohibits employers from paying men and women differently for equal work.  On October 6, 2015, Governor Jerry Brown signed the California Fair Pay Act, which expanded and strengthened the Equal Pay Act in several respects.  Under the California Fair Pay Act, employers are required to pay men and women equally for “substantially similar work” rather than merely “equal work.”  “Substantially similar work” refers to work that is similar in skills, effort, and responsibility, and performed under similar working conditions.

Continue reading “California Fair Pay Act Expands State Law Against Pay Inequality”

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