2011, letter to the town council and mayor in which she gave conditions to her accepting the permanent position: a salary of $53,000 a year and a contract guaranteeing she could regain her former job as sergeant if the council newly-elected in the future did not retain her as chief. She testified: “I felt like that the period of interim, that I was not being paid any more money was — It was time to move forward. Either with them sending applications or doing something to make it permanent.” (Doc. 37-2 at 30). The evidence clearly supports the finding that the Interim Chief position was temporary, and that Plaintiff was aware that it was temporary. A decline in revenue is also a sufficient affirmative defense under the EPA. Brokaw v. Weiser Sec., 780 F.Supp.2d 1233, 1233 (S.D.Ala.2011) (<HOLDING>). It is undisputed that the Town of Elberta
holding that a transfer and job title change from assistant vicepresident and manager of one bank branch to a loan officer position at a different branch alone is not enough to constitute a materially adverse employment action holding on rehearing that the use of annual salary rates is too indefinite to give rise to an employment contract for a specific term holding that a 4000 difference in pay between male branch manager with contract security services company and the female manager hired to replaee him after he resigned was based on a factor other than sex and thus females lesser salary did not violate the equal pay act where male manager had been paid a salary of 44000 per year and company hired female replacement at salary of 40000 but the salary for the position had been reduced due to annual revenue losses at branch of 1069727 during male managers employment period holding that use of annual salary rate created fact issue as to whether the employment contract was atwill or for a specific term holding that a federal personnel policy was a legitimate factor other than sex because a male employee would have experienced the same pay disparity as the female complainants if his work background had been the same as theirs