Understanding California's Equal Pay Act - Protection Law Group

Understanding California’s Equal Pay Act

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By: Ariana Dowlatshahi

Know Your Rights

You and a coworker are hired to do the same type of work with the same responsibilities and level of experience. You both put in the same effort day after day, yet when payday arrives, you discover your coworker is being paid significantly more. The only difference? Their gender, race, or ethnicity. This situation is not just unfair; it is illegal under California law. The California Equal Pay Act was designed to prevent exactly this type of inequality, and over the years, the law has been strengthened to protect workers and hold employers accountable. At Protection Law Group, we represent employees in these exact situations, fighting to ensure that their paychecks reflect their hard work and that employers are held responsible for violating the law.

What is the California Equal Pay Act?

The California Equal Pay Act, codified in Labor Code section 1197.5, has existed for decades, originally prohibiting employers from paying employees less than those of the opposite sex for equal work. In 2015, Governor Jerry Brown signed the California Fair Pay Act, which expanded the law in several important ways and made California’s equal pay protections some of the strongest in the country. These changes became effective in 2016 and sent a clear message: wage discrimination will not be tolerated. Since then, the law has only grown stronger, and our firm has helped clients across California use these protections to fight back against unfair pay.

Major Changes to Equal Pay Law

The 2015 reforms brought key changes that employees should know about. The law now requires equal pay for “substantially similar work,” which looks beyond job titles and focuses on what the job requires in terms of skill, effort, and responsibility. Employees doing similar work under similar conditions must be paid equally, even if their job descriptions are different. Employers also cannot rely on an employee’s prior salary to justify wage gaps, and they must be able to prove that any pay differences are based entirely on legitimate, job-related factors. At Protection Law Group, we often see employers attempt to excuse unequal pay with vague reasoning. These cases can be complex, but the law is clear, if the justification does not account for the entire pay difference, the employer is in violation.

Expanded Protections

California has continued to strengthen the Equal Pay Act. In 2017, protections were extended to cover race and ethnicity-based pay disparities, recognizing that inequities go beyond gender. In 2018, the law was expanded to include public employers, meaning government employees are also covered. That same year, Labor Code section 432.3 took effect, prohibiting employers from asking about salary history and requiring them to provide pay scales upon request. Most recently, employers with fifteen or more employees are required to include pay ranges in job postings, a major step toward transparency. These protections give workers more tools to uncover pay discrimination, and our firm uses them to build strong cases for our clients.

What to Do If You Suspect Pay Discrimination

If you believe you are being paid less than coworkers who perform substantially similar work, the first step is to gather information. Keep records of your job duties, responsibilities, hours, and pay. California law protects employees who discuss wages and your employer cannot retaliate against you simply for asking questions or comparing pay. If you discover a wage gap, you have the right to file a claim with the California Labor Commissioner or pursue your case in court. Our attorneys at Protection Law Group can guide you through this process, evaluate whether you have a claim, and represent you in holding your employer accountable.

Remedies Available to Employees

Employees who prevail in Equal Pay Act cases are entitled to more than just the difference in pay. They may also recover interest and liquidated damages equal to the unpaid wages. If the case involves retaliation, additional remedies such as reinstatement and back pay may also be available. These remedies can make a significant difference in an employee’s financial stability and help correct long-standing inequities in the workplace. At Protection Law Group, we handle cases on a contingency basis, which means you pay no fees unless we win. Our team has successfully recovered compensation for employees who were unfairly underpaid, and we are committed to ensuring every client receives the full remedies the law provides.

Why Choose Our Firm

The California Equal Pay Act is one of the strongest wage protection laws in the nation, but that doesn’t mean employers follow it. Many workers don’t realize they are being underpaid, while others are intimidated by the thought of challenging their employer. That’s where we come in. Our expert team at Protection Law Group has the knowledge and experience to take on employer’s who violate the law, no matter how big or small. We stand by employees at every step, from investigating claims to filing lawsuits, and we fight tirelessly to make sure our clients’ voices are heard.

Act Today!

If you suspect that you are being paid less than coworkers doing substantially similar work, don’t wait. Every paycheck that reflects unequal pay is considered a violation, and deadlines apply when filing a claim. Protect yourself by contacting an experienced employment attorney who can evaluate your situation and explain your options. At Protection Law Group, we are passionate about protecting workers’ rights and fighting for fair pay. Call us today or click the link below to schedule a free consultation. Equal work deserves equal pay, and we are here to make sure you get it.

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