The California Equal Pay Act addresses and rectifies gender-based wage differentials to ensure that employees are paid equally for performing substantially similar work, regardless of gender.
Aryeh Leichter, the Los Angeles employment law attorney at the Leichter Law Firm, APC, knows that California law has worked for employees throughout the state for quite some time. However, the Act is consistently being updated.
Here are key points regarding California’s Equal Pay Act.
Equal Pay for Equal Work
The law mandates that employers pay employees of different genders equally for substantially similar work. This extends beyond identical job titles to employment that requires similar skill, effort, and responsibility.
Comparisons within the Same Establishment
Employees are typically compared within the same establishment, meaning the exact physical location or facility. If disparities exist, employers must be able to justify them based on factors such as seniority, merit, education, or other bona fide factors not related to gender.
Salary History Inquiry Restrictions
The law prohibits employers from asking about an applicant’s salary history to address gender-based pay gaps. This is intended to break the cycle of pay discrimination that can persist when employers base new salaries on past compensation.
Affirmative Defenses for Employers
Employers can defend wage differentials if they demonstrate that they are based on factors other than gender, such as seniority, a merit system, a system that measures earnings by quantity or quality of production, or a bona fide factor other than sex.
The law prohibits employers from retaliating against employees who inquire about, discuss, or disclose their own wages or the wages of another employee, provided it is done for the purpose of determining whether there is a violation of the law.
Employers must maintain records of wages and wage rates, job classifications, and other terms and conditions of employment for a specified period.
Are You Experiencing Gender-Based Wage Discrimination?
Contact Aryeh Leichter, the Leichter Law Firm, APC founder, and employment law attorney in Los Angeles County today to discuss the legal remedies that may be available for your unique workplace circumstances, starting with a free consultation by calling (818)-915-6624 or contacting the firm online.