Solely based on Federal law…yes. A federal court ruled last week that it is legal to pay female employees less than men if it is based on past salary history. This decision by the 9th Circuit Court of Appeals overturns a previous ruling that stated that pay differences solely on past salary history were discriminatory, based on the Equal Pay Act.
Piecework pay is not a common pay practice today. In fact, ASE’s most recent Pay Administration Survey found no participants paid on a piece-rate in the Southeast Michigan area. However, in some industries this is still a pay practice.
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