At Palay Hefelfinger APC, we are often asked about the current state of California's equal pay laws, with a focus on the California Equal Pay Act and its amendments. California has a robust scheme of protections against gender-based wage disparities, including prohibitions on the use of prior salary information, anti-retaliation measures, and various enforcement mechanisms.
Under the “California Equal Pay Act,” employers are prohibited from paying employees less than employees of the opposite sex for “substantially similar work,” when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions. Wage differentials may be justified by a seniority system, a merit system, a system measuring earnings by quantity or quality of production, or a legitimate factor other than sex, such as education, training, or experience. These factors must be job-related, consistent with business necessity, and not based on sex-based differentials.
California employers cannot use prior salary, alone or in combination with other factors, to justify wage differentials. Moreover, employers cannot retaliate against employees who seek to enforce equal pay laws or discuss wages. Employers must also provide pay scales upon request by job applicants.
Employees who have experienced a violation of equal pay laws in California may be able to recover unpaid wages, interest, liquidated damages, costs of the suit, and reasonable attorneys’ fees.
California’s equal pay laws are among the strongest in the nation, reflecting a commitment to eliminating gender-based wage disparities. Employees that believe they have been subject to a company-wide practice of being paid “less than” their counterparts, based solely on gender, should contact Palay Hefelfinger APC today for a free consultation to discuss their rights.