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

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

California’s new Fair Pay Act (“Act”) was signed into law by Governor Jerry Brown on October 6, 2015.  Many believe the Act is the most aggressive equal pay law in the United States.  The Act becomes effective January 1, 2016.

Prior to Act, California Labor Code section 1197.5 prohibited discrimination in pay based on gender since 1949.  The old law required equal pay for “equal work,” except under four situations: a seniority system; a merit system; a system measuring earnings by quantity or quality of production; or a “bona fide” factor other than gender. 
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