California Equal Pay Act: Understanding Your Rights to Fair Wages

Initially enacted in 1949, the California Equal Pay Act was designed to eliminate the wage gap between men and women for equal work. Over the years, the law has been amended to expand protections and close loopholes often exploited by employers.

The California Equal Pay Act now prohibits unequal pay for substantially similar work based on sex, race, or ethnicity. These protections apply to both private and public sector employees.

What is “Substantially Similar Work”?

Substantially similar work refers to work that is alike in terms of skill, effort, and responsibility and performed under comparable working conditions.

• Skill includes the knowledge, education, and training required for the job.
• Effort refers to the physical or mental energy needed to complete the tasks.
• Responsibility encompasses the duties and accountability of the position.
• Working conditions may include factors such as temperature, ventilation, and hours worked.

How Can Employers Defend Against Equal Pay Claims?

If an employee files a claim under the California Equal Pay Act, the employer can defend against the claim by showing that the pay disparity is unrelated to race, ethnicity, or sex and is based on legitimate, job-related factors, such as:

• Seniority.
• Merit.
• A system that measures production.
• A bona fide factor other than sex, race, or ethnicity, such as education or experience.

How Is the California Equal Pay Act Different from the Federal Equal Pay Act?

While the Federal Equal Pay Act of 1963 mandates equal pay for equal work between individuals of the opposite sex, it does not cover race or ethnicity. The California Equal Pay Act, however, extends protections to wage disparities based on race and ethnicity, in addition to sex.

Key differences include:

• California law protects an employee’s right to discuss wages.
• The jobs do not need to be located at the same establishment to be considered comparable.
• California law prohibits employers from inquiring into a job applicant’s previous wage history.
• Employers in California must provide pay scales to job applicants upon request.

What Should You Do If You Face Wage Disparity?

If you believe you’ve been impacted by unfair wage disparity, it’s important to act quickly. Contact TONG LAW today for assistance. Our employment law attorneys have extensive experience litigating wage disparity claims and can help protect your rights under the California Equal Pay Act.