Fontenot v. Safety Council of Southwest Louisiana, 2:16-cv-00084

Plaintiff Joni Fontenot, hired as Chief Operating Officer (COO) under a three-year contract starting October 19, 2011, alleges Safety Council of Southwest Louisiana paid her less than her male predecessor (Robert McCorquodale) for substantially similar work in violation of the Equal Pay Act (EPA); she also alleges retaliation.
McCorquodale served as Safety Council’s chief executive prior to Fontenot; his 2009–2010 W-2s show ~ $165,400; Fontenot’s 2015 W-2 shows $89,867.70 (Safety Council contends Fontenot’s gross pay was $95,000).
Fontenot moved for partial summary judgment on two discrete issues: (1) whether she waived her EPA claim by contract; and (2) whether she has established a prima facie EPA claim (equal work, similar conditions, differential pay).
Safety Council did not dispute Fontenot’s lack of waiver but asserted affirmative defenses: that any pay differential resulted from voluntary negotiations/consensual agreement (a "factor other than sex") and that McCorquodale’s W-2s were inflated by unauthorized payments.
The court considered only whether Fontenot had not waived her EPA claim and whether she established a prima facie case; affirmative defenses were reserved for later (burden shifts to employer after prima facie case).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether EPA rights can be waived by contract	Fontenot: EPA/FLSA rights are unwaivable; her contract did not and could not waive EPA rights	Safety Council: does not contest non-waiver but says negotiations/consent provide an affirmative defense (factor other than sex)	Court: EPA claims cannot be waived; summary judgment for Fontenot on non-waiver
Whether Fontenot made a prima facie EPA showing (equal work, similar conditions, pay differential)	Fontenot: by-laws, contracts, affidavits show she performed substantially the same duties as McCorquodale and W-2s show she was paid less	Safety Council: concedes similar work but argues W-2 comparison is misleading because McCorquodale paid himself unauthorized amounts and Fontenot’s W-2 is deflated by pre-tax deductions; contends disputed factual issues preclude summary judgment	Court: Safety Council presented no controverting evidence that the actual payments shown on W-2s did not occur; Fontenot established all three prima facie elements; summary judgment for Fontenot on prima facie showing

Boaz v. FedEx Customer Info. Servs., 725 F.3d 603 (6th Cir.) (EPA claims are not waivable as a matter of policy within the FLSA framework)
Brooklyn Sav. Bank v. O’Neil, 324 U.S. 697 (1945) (FLSA rights cannot be waived by agreement)
Jewell Ridge Coal Corp. v. Local No. 6167, United Mine Workers, 325 U.S. 161 (1945) (Congress intended statutory wage protections to be non-waivable)
Bodle v. TXL Mortg. Corp., 788 F.3d 159 (5th Cir.) (recognizing general rule that FLSA claims are unwaivable)
Price Waterhouse v. Hopkins, 490 U.S. 228 (1989) (allocation of burdens in discrimination contexts; employer must prove non-discriminatory reasons)
King v. Univ. Healthcare Sys., L.C., 645 F.3d 713 (5th Cir.) (EPA burden-shifting: once plaintiff makes prima facie case, burden shifts to employer to prove an affirmative defense)