The California Equal Pay Act prohibits employers from paying some employees less than others for similar work. The law has been around for decades. However, significant amendments in recent years, including the Fair Pay Act in 2015, have strengthened protections.
The law mandates equal pay for employees performing “substantially similar work” and extends safeguards against wage discrimination based on race and ethnicity. It also includes provisions to prevent retaliation against employees discussing or challenging wage disparities.
Protections included in the law
The California Equal Pay Act includes several measures to ensure fair compensation. These include:
- Substantially similar work: Employers must pay equal wages for jobs that require similar skills, effort and responsibility.
- Broad comparison scope: Employees can compare their pay with others across different locations within the same company.
- Legitimate justifications: Employers must prove any pay differences are based on seniority, merit or other job-related factors, not on sex, race or ethnicity.
- Anti-retaliation protections: The law makes it illegal for employers to retaliate against workers who discuss wages or file complaints.
- Recordkeeping: Employers must maintain wage records for three years, ensuring transparency and accountability.
These measures help create a more equitable workplace by addressing and correcting wage disparities.
When and how do I file a claim?
If you are paid less than a colleague for substantially similar work, you must file your claim within two years of the violation or three years if the violation is willful. Each paycheck reflecting unequal pay is considered a separate violation, which can affect the filing deadline.
To file a claim, you can go to the California Labor Commissioner’s office or file an action in court. The state will investigate your claim and determine if a violation occurred. If they find an infraction, they will demand remedies from the employer. If the employer does not comply, the Labor Commissioner may file a civil action on your behalf.
Working with an experienced employment law attorney can help protect your rights and ensure fair compensation. They can guide you through the claims process and help you gather the necessary evidence to support your case.