Prior pay, alone or in combination with other factors, is not a job-related “factor other than sex” that can be used to justify a difference in pay under the Equal Pay Act (EPA), a majority of judges on the U.S. Court of Appeals for the Ninth Circuit has held again. Rizo v. Yovino, No.
Discrimination
Is “Cannabis User” the Next Protected Class in California?
By Elyza P. Heraldez & Patrick C. Stokes on
Posted in Disability and Leave, Discrimination
Years after California legalized recreational use of cannabis, employers continue to struggle with determining their rights and liabilities regarding employees who engage in that activity.
In 2016, a majority of California voters approved Proposition 64, titled “The Control, Regulate and Tax Adult Use of Marijuana Act” (Prop 64). Prop 64 permits adults 21 years of…
Like EEO-1 Component 2, California Pay Data Reporting Stalls
With the future of the EEOC’s pay data collection efforts unclear, California’s effort to legislate its own race- and sex-based pay data reporting requirements likewise has stalled, for now.
Since July, California’s Senate Bill 171 (requiring private employers with at least 100 employees to submit an annual report of employee pay data broken down by…
California First State to Clarify Definition of Race Discrimination to Include Hair Style. Proactive California Employers Should Review Their Policies and Practices
By Jonathan A. Siegel on
Posted in Discrimination
In an important step for California, Governor Gavin Newsom signed SB 188 into law on July 3, 2019. SB 188 or also known as, the CROWN ACT, “Create a Respectful and Open Workplace for Natural Hair,” clarifies the definition of race for the workplace and educational institutions to include, but not limited to, hair texture…
Closing the Unequal Pay Gap: California Releases Guidance to Employers on Complying with the California Fair Pay Act
By Hazel U. Poei & Jackson Lewis P.C. on
Since passing the California Fair Pay Act (“CFPA”) on October 6, 2015, California has remained a trailblazer in its efforts to address and decrease gender pay inequity. The CFPA requires all employers pay employees performing “substantially similar work” the same wage regardless of gender, ethnicity or race. The CFPA also requires employers to provide the…
Protest Challenges Pay Discrimination Behind the Lens
By Cashida N. Okeke on
Posted in Discrimination
Since the start of the “Times Up” and “Me Too” movements, the spotlight has remained on the gender-based wage disparities existing between female and male actors that work on the same cinematic productions, yet receive unequal pay. However, many in Hollywood feel that women who work behind the scenes in film production or as part…
California Clarifies Ambiguous Language of Salary History Ban
By Amanda E. Steinke & Susan E. Groff on
California has enacted new legislation aimed at clarifying its law banning an employer from inquiring about a job applicant’s salary history information.
Assembly Bill 168 (codified as Labor Code Section 432.3) prohibits employers from seeking salary history of applicants for employment. Designed to eradicate the wage gap, AB 168 also requires employers to provide applicants…
New California Law Prohibits Refusing Entrance to a Business Because a Member is Wearing Their Military Uniform and Adds Other Protections
By Jonathan A. Siegel on
Posted in California, Discrimination
On July 16, 2018, Governor Brown signed into law SB 1500 which expanded protections for members of the Armed Forces of the United States and to members of the Federal Reserve components of the Armed Forces.
The new law makes clear that no business and other covered establishments may deny a member of the Armed…
What Employers Need to Know about San Francisco’s Salary History Ordinance
By Cashida N. Okeke on
Posted in Discrimination, Wage and Hour
San Francisco’s “Parity in Pay Ordinance,” prohibiting employers from inquiring about a job applicant’s salary history, took effect on July 1, 2018. This post discussed significant provisions of the ordinance as well as key considerations for employers to ensure compliance with the new regulation. Click here to read our full article regarding San Francisco’s salary…
Employers Cannot Consider Prior Salary History to Justify Wage Gap under the Federal Equal Pay Act
By Shane R. Larsen on
Posted in Discrimination, Wage and Hour
On April 9, 2018, the Ninth Circuit Court of Appeals issued its opinion in Rizo v. Yovino, holding that employers cannot consider an employee’s prior salary either alone or in combination with other factors to justify salary differentials between men and women for the purposes of the federal Equal Pay Act.
Aileen Rizo was…