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Employers Cannot Use Salary History to Defend Against Equal Pay Claims

On April 9, 2018, the Ninth Circuit ruled en banc that an employee’s prior salary does not constitute a “factor other than sex” to justify wage disparities between male and female employees. “Other than sex” factors is limited to legitimate, job-related factors, including the candidate’s experience, educational background, ability, or prior job performance. The court […]

AM
Former Associate

CA Law Prohibits Reliance on Salary History

Last week, in a law designed to narrow the gender wage gap, California Governor Jerry Brown signed into law AB 168, which prohibits all employers[1] from relying on the salary history information of an applicant to determine: (1) whether to offer employment or (2) what salary to offer.  An employer “shall not, orally or in […]

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KR
Former Associate