Yovino v. Rizo

U.S. Supreme Court

Question(s) Presented

1. The Equal Pay Act permits employers to pay men and women different wages for the same work “where such payment is made pursuant to (i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) a differential based on any other factor other than sex.” 29 U.S.C. § 206(d)(1). Is prior salary a “factor other than sex”?

2. May deceased judges continue to participate in the determination of cases after their deaths? 

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