California is one of the most progressive states when it comes to workers’ rights, as exemplified by the passage of the Fair Pay Act. Also knows as the Equal Pay Act, this legislation seeks to rectify major discrepancies in wage disparities based on gender. Under this law, employers must pay equal wages to employees that perform “substantially similar work” regardless of their gender or gender identity.
Please be aware that the equal wage rule applies to those performing “similar” work, as opposed to identical work, meaning that the workers do not have to have the exact same position. However, the roles have to be highly similar, and the effort, skill, and duties involves must be comparable.
Are you suffering from workplace discrimination in the form of less pay and benefits because of your gender? Our employment rights lawyers are ready to take action on your case and obtain the compensation you deserve if your employer is in violation of the Fair Pay Act.
An Overview of the California Fair Pay Act
Under California’s Labor Code Section 1197.5(b), employers are prohibited from paying lower wages to one worker versus another in a similar role if their reason for doing so is based on gender. You may be wondering why there is a focus on using the word “similar” instead of the same job title. This is due to the fact that employers try to get around paying equal wages by assigning different titles to workers doing the same type of work. In essence, this is loophole that’s exploited by unscrupulous employers in order to favor certain workers over others.
With that in mind, let’s take a look at the factors that define “substantially similar work” under California law:
- Skill – an employee’s education, training, ability, and experience that’s necessary for the position
- Responsibility – the employee’s decision-making powers and level of accountability
- Effort – the physical and/or mental exertion that’s required to perform the job
Under the Fair Pay Act, employees do not have to be within the same facility to receive equal pay for substantially similar work. This is a valuable form of protection for those working for employers with multiple locations, which is another point that employers often use to their advantage. A common example is paying a female warehouse worker in a rural location less than a man with a similar position who is working at a facility in the Greater Los Angeles area.
Are You Facing Discrimination at Your Job?
Victims of gender or race discrimination in the workplace have the option to seek legal advice from a workplace discrimination and retaliation attorney. You may have the option of seeking monetary damages if your employer violated California’s Equal Pay Act. However, employers fight back vigorously against these claims with all sorts of excuses that will be difficult to refute on your own.
With an experienced labor law attorney by your side, you can find compelling evidence that proves the following factors:
- You have a role that requires the same level of skill as a colleague that’s making more than you
- The positions held by you and colleague require the same education, training, and skill set
- Both roles require the same degree of effort, responsibility, and accountability
- You and your colleague work under the same conditions and face the same workplace hazards
Talk to an Employment Discrimination Lawyer
Prompt and decisive action is the key to succeeding in a legal case when you are being discriminated against by your employer. That’s why you should contact us right away and learn about the legal actions that are available to you.
Our legal team works on contingency, so all legal fees are deferred until you receive payment from a successful claim. If we fail to secure the compensation you deserve, you owe us nothing for the cost of legal representation, as we provide all clients with the Zero Fee Guarantee.
We are here to help 24 hours a day, 7 days a week. Schedule a free consultation by contacting our office as soon as possible.
