California’s Equal Pay Act prohibits employers from paying employees less than employees of another sex, race, or ethnicity for “substantially similar work.” If you believe you are being paid less due to discrimination, you may have grounds for a claim. The best course of action depends on your specific circumstances — consulting an employment attorney can help clarify your options.
What Is the California Equal Pay Act?
California Labor Code § 1197.5 — the California Equal Pay Act — prohibits employers from paying an employee less than employees of another sex, race, or ethnicity for “substantially similar work.” This standard is broader than the federal Equal Pay Act, which is limited to gender-based wage differences and requires a comparison of employees working at the same physical establishment.
California’s law extends protections to race and ethnicity in addition to sex, allows comparisons across different locations of the same employer, and uses the “substantially similar” standard rather than requiring employees to perform identical work. Combined with the state’s strong anti-retaliation provisions, the California Equal Pay Act provides significant protections for employees who believe their pay may reflect unlawful discrimination.
- Covers sex, race, and ethnicity (federal law covers sex only)
- “Substantially similar work” standard (not “same job”)
- Cross-establishment comparisons allowed in California
- Anti-retaliation provisions: employees cannot be disciplined or terminated for inquiring about coworker wages
What Is SB-1162 and How Does It Affect My Case?
Senate Bill 1162, effective January 1, 2023, created additional pay transparency obligations for California employers:
- Employers with 15 or more employees must include the pay scale in job postings
- All employers must provide pay scale information to employees upon request
- Employers with 100 or more employees must submit annual pay data reports to the California Civil Rights Department (CRD)
- Failure to file pay data reports may result in civil penalties up to $100 per employee for initial failures and $200 per employee for subsequent failures
An employer’s failure to provide a required pay scale may constitute a separate violation and may be relevant to an equal-pay dispute, depending on the circumstances. However, a pay transparency violation does not by itself establish an Equal Pay Act claim. An employment attorney can help evaluate how SB-1162 compliance issues may interact with your specific situation.
Signs You May Have an Equal Pay Claim in California
- You discovered a coworker of a different sex, race, or ethnicity earns more for the same or similar role
- Your employer denied your request for your own pay scale information (a potential SB-1162 violation)
- You received a lower starting salary than colleagues doing comparable work
- Your pay increase was smaller than colleagues performing similar duties
- You raised a pay concern and faced retaliation (demotion, discipline, termination)
- Your employer cannot show that the entire pay differential is based on one or more legally permitted factors applied reasonably
If any of these circumstances apply to your situation, consulting with an employment attorney may help clarify whether the facts support a potential claim and what options may be available to you.
California Equal Pay Act vs. Federal Equal Pay Act
| Factor | California Equal Pay Act | Federal Equal Pay Act |
|---|---|---|
| Protected classes | Sex, race, ethnicity | Sex only |
| Work standard | Substantially similar work, examining only what is necessary to perform the job | Equal work requiring substantially equal skill, effort, and responsibility |
| Cross-location comparison | ✓ Allowed | ✗ Same establishment only |
| Anti-retaliation | ✓ Yes | ✓ Yes |
| Statute of limitations | 3 years | 2 years (3 if violation was willful) |
Potential Remedies in a California Equal Pay Case
Under California Labor Code § 1197.5, a successful equal pay claim may result in:
- Back pay differential — wages owed based on the difference in compensation
- Liquidated damages equal to the back pay amount, essentially doubling the recovery
- Interest on unpaid wages
- Attorney’s fees and costs
- Injunctive relief requiring the employer to correct unlawful pay practices
The specific recovery in any equal pay case depends on the facts, evidence, employer response, and how long the violation continued. An employment attorney can help evaluate what may be recoverable in your situation.
How Blackstone Law Handles Equal Pay Cases
- Free case evaluation — no cost to speak with our team about your situation
- Contingency fee basis — no upfront cost; fees generally come from any recovery
- More than $400 million recovered for California workers across prior matters. Past results do not guarantee or predict a similar outcome.
- Bilingual English/Spanish representation — se habla español
- Offices in Beverly Hills and Los Angeles
- Experience handling matters before the California Labor Commissioner’s Office and the Civil Rights Department (CRD), when applicable
How to File an Equal Pay Complaint in California
1 Document Your Situation
Gather pay stubs, offer letters, performance reviews, and any communications about compensation that you lawfully possess. Note the names, titles, and pay rates of comparable employees if that information is lawfully known to you.
2 Consult an Employment Attorney
An attorney can evaluate whether your situation meets the legal standard for “substantially similar work,” identify applicable deadlines, and advise on the strongest strategy for your circumstances.
3 Consider Filing with the California Labor Commissioner’s Office
An employee may file an Equal Pay Act complaint with the Labor Commissioner’s Office. Depending on the facts, a CRD complaint may also be appropriate if the employee has related discrimination claims.
4 Consider a Civil Lawsuit
In many cases, it makes sense to pursue a civil claim directly or in parallel with a CRD complaint. An attorney can advise on which path may be most appropriate given the specific facts of your situation.
Timeline: The duration of an equal pay case varies considerably depending on employer cooperation, the complexity of the pay comparison, and whether the matter settles or goes to trial.
Frequently Asked Questions — California Equal Pay Claims
If you believe you may have been paid less than a coworker based on your sex, race, or ethnicity and want to better understand the strength of your potential claim, Blackstone Law may be able to help evaluate the circumstances and explain your legal options.
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Legal Disclaimer — This blog post is provided for general informational purposes only and does not constitute legal advice. Employment laws, filing deadlines, and available remedies depend on the specific facts of each situation and may change over time. Reading this article, using this website, submitting an inquiry, or contacting Blackstone Law does not create an attorney-client relationship. An attorney-client relationship is established only through a written agreement signed by the firm and the client. Do not rely solely on this information to calculate a legal deadline, evaluate the strength of a potential claim, or decide whether to sign an agreement. Consult a qualified California employment attorney promptly regarding your circumstances. Past results do not guarantee or predict a similar outcome. The comparator analysis under the California Equal Pay Act — determining whether employees performed “substantially similar work” — is highly fact-specific and depends on the individual circumstances of each employment situation.