Attorney Comments on Gray Area in 9th Circuit Pay Ruling
Megan Winter is quoted in the Law360 article “Gray Area in 9th Cir. Pay Ruling has Some Experts Puzzled.” The ruling has determined that employers cannot use employee’s previous salary to justify paying women less than men, but also confused some because this ruling also prohibits employers from escaping Equal Pay Act claims by determining employees’ salaries on what they previously earned. “As a practical matter, I think employers trying to rely on an individualized situation are going to find themselves in an uphill battle [if they try] to use any sort of exception, and certainly are going to have to litigate that issue all the way to the end,” Megan said.
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