The day before Equal Pay Day, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, ruled that employers defending claims under the Equal Pay Act cannot rely on workers’ past salaries in any respect in trying to justify pay disparities between women and men. Aileen Rizo v. Jim Yovino, 16-15372, 2018 WL 1702982 (9th Cir. Apr. 9, 2018) (en banc). This ruling expressly overturns the Ninth Circuit’s prior holding in Kouba v. Allstate Insurance Co., 691 F.2d 873 (9th Cir. 1982), conflicts with rulings from other circuits, and tees up a very important issue for potential Supreme Court review.

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Photo of Christiana L. Signs Christiana L. Signs

Ms. Signs’ practice concerns complex employment matters, focusing primarily on class and collective wage and hour, discrimination and Fair Credit Reporting Act litigation. She has experience pursuing appellate issues related to employment-related class and collective action litigation, having co-authored several principle and amicus…

Ms. Signs’ practice concerns complex employment matters, focusing primarily on class and collective wage and hour, discrimination and Fair Credit Reporting Act litigation. She has experience pursuing appellate issues related to employment-related class and collective action litigation, having co-authored several principle and amicus briefs in cutting-edge class action employment cases. Ms. Signs routinely advises employers on an array of labor and employment compliance matters. Those include Fair Credit Reporting Act and state background check issues; best practices vis-à-vis employment dispute resolution programs; and drafting, enforcing and negotiating restrictive covenants. A member of the firmwide Business Continuity Amid COVID-19 Team, she advises her clients regarding telecommuting and the Families First Coronavirus Response Act.

Photo of Jim Boudreau Jim Boudreau

James N. Boudreau is Co-Chair of the Global Labor & Employment Practice and the Labor & Employment Practice’s Collective & Systemic Employment Litigation group. He represents management in class action and complex employment litigation and devotes the majority of his practice to managing…

James N. Boudreau is Co-Chair of the Global Labor & Employment Practice and the Labor & Employment Practice’s Collective & Systemic Employment Litigation group. He represents management in class action and complex employment litigation and devotes the majority of his practice to managing teams of attorneys and paralegals in nationwide class and collective actions from receipt of the complaint through discovery, class certification and trial. He is considered a thought leader in class-based employment litigation and has been listed by Human Resource Executive magazine as one of “The Nation’s Most Powerful Employment Lawyers – Top 100,” each year since 2013.  He was also selected as one of five Law360 “MVP – Labor and Employment,” for 2012, for his cutting-edge work representing employers in class and collective actions.