Legal Blog

Telebriefs®: Ninth Circuit Court Decision: Employers Cannot Use Past Salary to Determine Salary for Prospective Employees

Earlier this month, the Ninth Circuit ruled in the case called Rizo v. Yovino that employers may not freely use an applicant’s past salary history to establish that candidate’s starting salary. In that case, a consultant sued the Fresno County Superintendent of Schools for its historical policy of simply providing a bump in salary for prospective employees in order to attract them for hiring purposes. The decision reasoned that this practice of considering prior salaries perpetuates unequal pay between men and women. In contrast, the Seventh Circuit takes an opposing view: indicating that as long as it is not being done in a discriminatory manner, salary history can practically be used. To learn more about this decision and what may come of it, listen to this week’s Telebrief here.


Also in this week’s Telebrief: How to conduct background checks to avoid claims of negligent hiring.


Questions about job compensation or other topics from this week’s Telebrief?

Contact Howard at or 410-209-6417



About the Telebriefs®

The Telebriefs® are 30-minute, information-packed phone calls geared towards executives, HR directors, supervisors, managers, and business owners. Join Howard K. Kurman, as he discusses employment law developments occurring over the past two weeks that will most significantly impact employers nationwide. These twice-monthly phone calls are an easy way to stay current and compliant with the latest employment law developments that will significantly affect you and your company. The goal is to provide information and insights to help executives stay current with the latest workplace law developments and in front of trends, to enable proactive policy-making and management. Our guarantee: You will learn something useful on every call!


Howard Kurman | 410-209-6417

Howard K. Kurman is an employment attorney. Mr. Kurman regularly counsels clients on all aspects of proactive employment/labor issues. He represents employers ranging in size from as small as 20 employees to those employers with geographically disparate locations consisting of over 4,000 employees. Mr. Kurman assures, through regular contact with his clients, that they promulgate and maintain the most effective employment policies that will, to the extent possible, minimize their legal exposure in today’s litigious workplace. Mr. Kurman offers advice on employee handbooks, employment agreements, and covenants not to compete as well as confidentiality and non-disclosure agreements. Previously, Mr. Kurman was the chair of the firm’s Labor & Employment Practice Group.

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