California Equal Pay Lawyer
Despite over 60 years of civil rights laws that are supposed to guarantee equal opportunities in the workplace, many employers in California are still paying some workers less than their coworkers who do the same job. It may not always be obvious. In many instances, workers’ salaries are the same; however, some workers receive additional forms of compensation and benefits, while others do not.
When employees are performing similar work, federal and state laws require employers to pay them the same, and that includes all forms of compensation. Companies that pay different amounts to employees of other genders, races, or ethnicities are in violation of those rules.
If you find that this is happening in your workplace, you need to talk to a California equal pay lawyer at Justice Law Corporation. Our team may be able to recover substantial compensation for the losses you’ve suffered, and we will work to ensure that everyone receives fair compensation in the future. By taking action to bring the pay discrepancies to light, you are improving the workplace not only for yourself but for countless others going forward.
Federal Laws Establishing Equal Pay Obligations
The right to equal pay for equivalent work is protected by federal and state laws. There are slight differences in the application of these laws and the remedies available, so an equal pay lawyer in California can review the options and determine the type of claim that would make the most sense in your particular situation.
The Federal Equal Pay Act
In 1963, the federal government enacted the Equal Pay Act, which amended the Fair Labor Standards Act to prohibit discrimination on the basis of sex. This act requires employers to pay employees at the same rate regardless of sex when they are doing “equal work” in terms of required skill, effort, and responsibility, and that work is performed under “similar working conditions.” The U.S. Equal Employment Opportunity Commission, the agency that enforces the Equal Pay Act, explains that when comparing jobs to see if they are equal, it is not the job title that matters but the content of the job. Moreover, the jobs being compared do not need to be precisely identical but just “substantially equal.”
Exceptions are allowed when payment is based on:
- Seniority
- A merit system
- A system tying earnings to output
- A system differentiating on any factor other than sex
This can provide employers with grounds to claim that they are paying unequal wages for a legitimate reason, so a California equal pay lawyer must often be prepared to conduct in-depth investigations to obtain evidence showing that the discrepancy is based on an unlawful cause.
Unlike the situation with many other civil rights laws, the Equal Pay Act allows employees to file a lawsuit directly with the court when they believe that their employer has violated the Act. Many other statutes require claimants to pursue relief through administrative channels before taking matters to a judge.
Other Federal Laws Protecting the Right to Equal Pay
The Equal Pay Act only addresses situations where differences in pay are based on sex. But other federal anti-discrimination laws have the effect of requiring employers to provide equal pay for equal work. Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against workers on the basis of race, color, religion, sex, or national origin. The Age Discrimination in Employment Act forbids employment discrimination against individuals aged 40 or older, and the Americans with Disabilities Act provides protection for individuals who have or are perceived to have a disabling condition.
Provisions of these and other laws have been interpreted to prohibit discrimination based on sexual orientation, gender identity, pregnancy, and marital status. Since employers who compensate employees differently based on these factors are clearly discriminating against them, an equal pay complaint could be based on any of these laws that apply to the particular situation.
California Equal Pay Act
Like the federal government, the state of California has had equal pay legislation on the books for decades. Not long ago, legislators expanded and strengthened the California Equal Pay Act by adopting the California Fair Pay Act, and they have continued to add provisions since then. The changes made it easier for employees to demonstrate that they have been denied their right to equal pay.
California’s laws are similar to the federal Equal Pay Act, but the provisions also prohibit paying less to workers of a different race or ethnicity, as well as those of a different sex. The California provisions also contain some clarifications that make it more difficult for employers to evade allegations of equal pay violations. For instance, if an employer tries to justify paying different amounts based on a factor other than sex, the employer must be prepared to demonstrate that the factor involved is not derived from a sex-based differential and that it is related to the job and connected with a business necessity.
The California law also specifies that employers cannot justify paying different salaries currently because of an employee’s prior salary in the past.
When assessing whether an employer is violating the equal pay requirements, the law compares employees performing “substantially similar work” in terms of skill, effort, and responsibility performed under “similar working conditions.” This differs from the standard in the federal statute, where employees are compared with others who are doing “equal work.”
When a California equal pay lawyer succeeds in proving that an employer has violated California’s equal pay requirements, the employee involved can receive wages to make up for what they should have received, as well as additional amounts awarded as statutory damages.
FAQs About Equal Pay Laws
Although many companies like to present a public image as being inclusive, women and minorities still often encounter the metaphorical glass ceiling that retards advancement and prevents them from receiving equal pay for work that is substantially similar to work performed by higher-paid colleagues of a different race, sex, or ethnicity. But it is not always easy to recognize violations because job titles may mask the fact that different positions have similar duties. It can also be hard to compare compensation received by different employees because that compensation could include many factors, such as stock options, bonuses, retirement benefits, additional paid time off, insurance, and equity.
Because situations can be difficult to assess, the team at Justice Law Corporation receives many questions about employers’ equal pay obligations and how employees can ensure they are paid fairly. Here we answer some of the most frequently asked questions, but we’d be happy to answer your specific questions if you contact us directly for a free consultation.
How Do I Prove Equal Pay Discrimination?
Pay can include many factors, so to prove that an employee of a different race, sex, or ethnicity is receiving more pay for similar work, a California equal pay lawyer may rely on many different types of evidence. This could include pay stubs and other employment records showing rates of pay, contributions paid for benefits, and accrued leave time. But to show that one employee is actually receiving more than another and to prove that their jobs are similar, it will be necessary to gather other evidence, such as testimony from co-workers, office memos and communications, and surveillance footage.
Do I Need an Attorney to File a Claim for Equal Pay Discrimination?
Neither state nor federal law requires an employee to be represented by an attorney when pursuing compensation for a violation of equal pay requirements. However, since a lawsuit is the most effective method to obtain compensation for losses suffered due to a violation, and it is extremely difficult to succeed in court without professional legal guidance, it is advisable to work with an experienced lawyer if you suspect you are the victim of pay discrimination in California.
A knowledgeable and dedicated attorney can investigate the issues, collect evidence necessary to support your claim, ensure that all legal requirements are satisfied, and know how to advocate effectively in and out of court to get the results you deserve. Employers work with corporate legal teams who know how to take advantage of every potential loophole in the law to escape liability for an equal pay violation. To beat them, you need to work with an equal pay lawyer who can match their skill.
How Long Do I Have to File a Claim for Equal Pay Violations?
The deadline for filing a claim can vary depending on the statute under which your claim is based and the specific circumstances of your case. For instance, for a lawsuit alleging a violation of California’s Equal Pay Act, an employee must file a claim within two years of the time the cause of action arises unless they can prove that the employer was intentionally violating the law, in which case they have three years to file. It can be confusing to determine when the clock starts running on the limitation period, which is often referred to as the statute of limitations, but to give yourself the best opportunity to obtain full compensation for your losses, it is a good idea to consult an attorney as soon as possible to discuss your claim.
Can My Employer Fire Me if I Accuse Them of Violating Equal Pay Laws?
Employers are prohibited from retaliating against employees who exercise their rights under the law. That means your employer cannot fire you, demote you, or treat you negatively in any way solely because you filed a claim alleging a violation of the law or participated in an investigation of an alleged violation. If your employer retaliates in some way, your attorney can pursue additional compensation on your behalf.
My Employer Claims That Other Employees are Paid More Than Me Because They Have More Skills. Is That Allowed?
When determining whether an employer is violating equal pay requirements, it is important to look at the skills required for the particular job rather than the skills specifically held by the employees involved. It is the experience, ability, education, and training necessary to do the work that should be compared. If an employee has skills beyond what are necessary for the job, those skills do not necessarily provide justification for paying that employee more than another who lacks those extra skills but who has the skills necessary for the job.
Find Out How Our Equal Pay Lawyers Can Protect Your Rights
If you believe your employer is violating equal pay laws, we suggest you contact a California equal pay lawyer at Justice Law Corporation to learn about your options for gaining fair treatment and restitution for the losses you’ve suffered. The consultation is free, and there’s no obligation to work with our firm. If you do decide to hire our team, you will pay nothing up front. We deduct our fees from the amount recovered at the end of the case, so if we don’t succeed with your claim, you owe us nothing.Delaying action on an equal pay case can reduce the amount you’re able to recover for past inequality, so it is a good idea to talk to us as soon as you suspect you may be the victim of pay discrimination. To schedule your free consultation, just call us at 818-230-7502 or contact us online now.