A major new test of the power of employers to use prior salary history to justify wage disparities between male and femaleemployees is inching closer to the U.S. Supreme Court aftersettlement talks failed to resolve the closely-watched dispute.

Lawyers from Jones Day, representing a California schooldistrict, have received extra time to file a petition by Sept. 4,according to court filings. The Fresno schooldistrict lost in the U.S. Court of Appeals for the Ninth Circuit,which said an employee's salary history can't be used to justifypaying men and women differently for comparable jobs.

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