Labor/Employment,
9th U.S. Circuit Court of Appeals
May 9, 2017
Past salary and pay equity in the 9th Circuit
Is an employer who pays every new hire 5 percent more than his or her prior job lawfully setting salaries based on a "factor other than sex"?
Emily Burkhardt Vicente
Partner
Hunton, Andrews & Kurth LLP
Email: ebvicente@huntonak.com
Emily is co-chair of the firm's Labor and Employment group.
D. Andrew Quigley
Associate
Hunton & Williams LLP
labor & employment
550 S Hope St Ste 2000
Los Angeles , CA 90071
Phone: (213) 532-2121
Email: aquigley@hunton.com
USC Law School
If an employer's policy is to pay every new hire 5 percent more than that employee was earning at his or her prior job, is that employer lawfully setting salaries based on a "factor other than sex," or is the employer perpetuating existing pay disparities between men and women? Like many legal questions, the answer depends on who you ask.
According to the 9th U.S. Circuit Court of Appeals, an employer may base employee salaries solely on each employee's prior salary without violating...
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