In Daily Journal Article, Gary McLaughlin and Galit Knotz Examine Appellate Court Ruling on Wage Disparities

Daily Journal has published the article “After equal pay ruling, employers should review practices,” written by Gary McLaughlin and Galit Knotz, partner and senior counsel, respectively, in the labor and employment practice at Akin Gump. The article examines a decision by the U.S. Court of Appeals for the 9th Circuit stating that employers cannot rely on a job applicant’s prior salary to justify a wage disparity between male and female employees under the Equal Pay Act.

McLaughlin and Knotz begin by providing some background on the Equal Pay Act. They then give an overview of the case in question, Rizo v. Yovino, in which the plaintiff, who worked for the Fresno County (Calif.) Office of Education, argued that her salary should not have been determined by what she was paid at her prior job.

Under the decision in Rizo, the authors write that “employers in the entire 9th Circuit now face a higher bar in justifying wage disparities between their male and female employees.” They also suggest an audit of wage rates to determine whether any wage disparities exist “and to root out any disparities that cannot be justified by legitimate job-related factors.”

To read the full article, please click here.