Variations in pay for male and female employees in the same classification of work are allowed if based on:
• Difference in duties or services performed
• Hours of work, shift, or time of day worked
• Restrictions on lifting objects in excess of specified weight
• Other reasonable factors other than sex
Such pay variations must also be exercised in good faith.
Under a ruling by the 9th Circuit Court of Appeals, an employee’s prior salary, alone or in combination with other factors, does not justify a wage differential under the federal Equal Pay Act (EPA) because reliance on an employee’s prior salary when setting his or her starting salary perpetuates the gender discrimination that the EPA was enacted to eradicate (Rizo v. Yovino, 887 F.3d 453 (9th Cir. 2018)).