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Ninth Circuit Again Rules Prior Pay Cannot Justify Pay Differentials Under the Equal Pay Act

Daily Journal
March.10.2020

Erin Connell, a partner in our Employment Law & Litigation team in San Francisco, authored an article for the Daily Journal that examines a recent Ninth Circuit ruling in which the court again ruled that, under the Equal Pay Act, employers may not rely on prior pay to justify pay disparities between employees of the opposite sex who perform equal work. In her article, Erin describes how this latest decision illustrates yet another way in which courts and legislatures continue to narrow the ways in which employers may use prior pay to set compensation.