Employment Alert - Court Prohibits Use of Prior Salary to Justify Unequal Pay


On April 9th, in Rizo v. Yovino, the Ninth Circuit Court of Appeals reversed itself and ruled that an employee's prior salary does not constitute a "factor other than sex" which can support a pay differential between a male and female employee performing comparable jobs. This is an important change in the law, and increases the risk for potential liability under the federal Equal Pay Act.

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