California Fair Pay Act
The California Fair Pay Act, effective from January 1, 2016, amended the California Equal Pay Act to bolster efforts in achieving genuine gender pay equity. It closed loopholes that allowed employers to evade liability by assigning different job titles for substantially similar work.
Under the amended law, employers must provide equal pay to employees of the opposite sex for work that is "substantially similar" in terms of skill, effort, and responsibility, performed under similar working conditions. Unlike the previous requirement of "equal work," this broader definition aims to combat pay disparities arising from gender biases.
The California Fair Pay Act also removed the previous "same establishment" requirement, extending protection statewide. For example, it prohibits paying a woman less than a man in a similar role at different company locations across California.
Exemptions and Protections
The law includes exemptions allowing pay differences based on seniority, merit, performance measures, or bona fide factors other than sex, such as education or experience. Employers bear the burden of proving these exceptions.
Additional Protections and Recent Amendments
Recent amendments expanded the California Equal Pay Act to cover race and ethnicity, not just sex, further protecting employees from discriminatory pay practices. The law prohibits using prior salary history to justify pay differences based on sex, race, or ethnicity, aiming to eliminate historical inequities.
Enforcement and Remedies
Employees can file claims directly in court or with the Labor Commissioner's Office within two years of the violation, extendable to three years for willful violations. Remedies include reinstatement, lost wages, interest, and equitable relief. Retaliation for asserting rights under the law is strictly prohibited.
Statute of Limitations and Legal Recourse
Claims must be filed promptly, with each paycheck reflecting unequal pay considered a separate violation. Employees facing retaliation have up to six months to file with the Labor Commissioner or one year to file a civil action.
Seeking Legal Assistance
If you believe you have experienced wage discrimination or retaliation under the California Equal Pay Act, it's crucial to consult with legal experts who specialize in employment law. They can help navigate the complexities of the law and protect your rights.
Contact Us
At SAW LAW GROUP, we specialize in advocating for employees' rights and fighting against discriminatory pay practices. Contact us today for a consultation to discuss your case confidentially.
