California has long been a trailblazer in enacting beneficial labor laws, and the Fair Pay Act is no exception. This landmark legislation has had a significant impact on workplace gender and pay equality in the state. Also known as the Equal Pay Act, it addresses and rectifies pay disparities based on gender. It mandates employers to provide equal pay to employees who perform “substantially similar work,” not just identical work, which means that if two employees perform highly similar jobs in skill, effort, and responsibility, they must be paid equally regardless of gender.
If you suffered workplace discrimination based on gender, the leading employment lawyers at Blackstone Law are ready to pursue the justice you deserve. You may be eligible to recover damages, such as back pay, interest, and other losses, if your employer violated the Fair Pay Act.
What Is California’s Fair Pay Act?
The California Fair Pay Act under California Labor Code Section 1197.5(b) prohibits an employer from paying its employees’ wages less than the rates paid to workers of another race or gender for considerably similar work, which closes the loophole that enables employers to avoid liability by assigning different job titles for the same work. This law helps eliminate the longstanding gender wage gap and reinforces California’s commitment to achieving true gender pay equity.
The following defines “substantially similar work” in California:
- Skill: The experience, ability, education, and training necessary to perform the job
- Effort: The measure of physical or mental exertion required to perform the job), and
- Responsibility: The decision-making responsibility or degree of accountability
The law also removed the provision that the wage differential must be within the same facility to be unlawful. Rather, according to California Labor Code § 1197.5., it outlaws an employer from paying an employee a lower rate than those paid to employees of the opposite sex performing similar work in the overall workforce regardless of job title.
For example, The Fair Pay Act outlaws paying a woman working at a food packaging facility in a rural region of California less than a man working in the same or similar position at a food packaging facility in a metropolitan region.
Have You Suffered Discrimination in the Workplace?
If you discover you have been a victim of gender discrimination, you may have legal options to seek compensation for damages. Proving you were paid in violation of the Fair Pay Act may be challenging as employers may not admit they have violated your rights. As a result, employers will attempt to dispute that you do not perform substantially similar work as your colleagues.
Working with an experienced employment lawyer will help you gather compelling evidence that focuses on several factors, including the following:
- You and your colleagues have roles that require the same level of skill
- The roles require the same level of effort
- The roles carry the same extent of responsibility and accountability
- The roles require the employees to work in the same conditions and workplace hazards
The lawyers at Blackstone Law will initiate an investigation promptly to gather evidence before it is tampered with, destroyed, or fades over time. Violations are subject to statutes of limitations by which you must initiate a claim. Do not risk a successful outcome by waiting to contact us today.
Speak With the Leading Employment Lawyers at Blackstone Law
If you have suffered a Fair Pay Act violation, speak with the leading employment lawyers at Blackstone Law. We have the resources, skills, and extensive knowledge of California law to fight for the justice you deserve.
Speak with one of our experienced lawyers today by calling (310) 956-4054 or filling out a contact form.