U.S. Supreme Court,
Labor/Employment,
9th U.S. Circuit Court of Appeals
Mar. 12, 2019
For life not eternity: What’s next for pay history?
Last month, the U.S. Supreme Court vacated the 9th Circuit’s pay history ruling for improperly relying on the vote and opinion of Judge Stephen Reinhardt, who died prior to publication of the case.
Eve I. Klein
Partner
Duane Morris LLP
Eve serves as chair of Duane Morris' Employment, Labor, Benefits and Immigration Practice Group. She has more than 30 years of experience representing businesses in all aspects of employment law, management labor relations and employment-related litigation.
Jennifer A. Kearns
Partner
Duane Morris LLP
Email: jkearns@duanemorris.com
Jennifer is a business and employment law attorney with three decades of experience in advising and defending the interests of business owners. She works with companies to develop personnel policies, practices and handbooks.
Heather J. Zacharia
Associate
UC Hastings COL; San Francisco CA
Heather practices in the area of employment and labor law. She has represented employers in ERISA violations, wage-and-hour-related matters, harassment and discrimination claims, and claims for wrongful employment practices.
Last year, the 9th U.S. Circuit Court of Appeals, en banc, broke ranks with its sister circuits and California state law in Rizo v. Yovino, 887 F.3d 453 (9th Cir. 2018), holding that prior salary history may never be considered by an employer in determining a new hire's initial compensation. As of Jan. 1, 2018, California Labor Code Section 432.3 had prohibited employers fr...
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Related Content
Judges
Yovino v. Rizo
A federal court may not count the vote of a judge who dies before the decision is issued under 28 U. S. C. Section 46(c); thus, Ninth Circuit judgment vacated.
Employment Law
Rizo v. Yovino
Employee's prior salary does not constitute 'factor other than sex' upon which wage differential may be based, under Equal Pay Act.
Employment Law
Rizo v. Yovino
Contrary decision regarding wage disparity claim under Equal Pay Act vacated where prior salary alone may constitute affirmative defense as 'other factor other than sex.'
