The California Equal Pay Act exists to ensure that employees are paid the same amount of equal work, regardless of their sex. In 2015, the California Fair Pay Act was introduced to clarify and strengthen provisions set out by the Equal Pay Act. If you have questions about the law, either as an employer or employee, contact an attorney for employment law advice in San Jose . Here are the answers to some common questions businesses and their workers have about how the law applies to them.
What does the California Equal Pay Act say about wages?
According to the law, employers must pay employees equal wages when they do work that is “ substantially similar .” This refers to work that is done in similar working conditions and that requires a similar amount of skill and effort with a similar amount of responsibility. Pay must be equal, regardless of the employee’s sex. In order to provide unequal pay, employers must be able to establish a legitimate reason and demonstrate that these reasons are applied to all employees equally.
What is different under the new law?
In addition to the existing provisions, the new law states that employees must be paid equally for substantially similar work, even if the work is done at two different locations of the business. When employers point to specific factors to account for pay differences, the factors must be judged to be legitimate and they must be sufficient to account for the entire pay difference. The law also specifically makes it illegal for employers to retaliate against employees who seek to enforce the law with the help of a labor rights lawyer and to prohibit employees from discussing their pay. Under the new guidelines, employers must keep records of wages and employment for three years.
What should an employee do if he or she is not being compensated fairly?
If you are an employee who believes that you are not being paid fairly under the Equal Pay Act, make an appointment to discuss your case with a labor rights attorney. Your attorney can help you file a case with the Labor Commissioner’s Office or in court, depending on what is appropriate for your circumstances.
The laws surrounding employee benefits can be complex, and they differ from state to state. For this reason, it is helpful to work with an employment attorney in San Jose if you are employed in that city to find out how the law applies to you. Watch this video to find out more about what employment law says about benefits.
In some cases, employers are required to provide benefits, such as unpaid time off for an illness and the option to continue receiving insurance after leaving employment. Employers may provide other benefits at their own discretion, but they must do so without discrimination among their employees. If you suspect that your rights are being violated, consult with an employee rights lawyer to determine the best steps to take.
Whistle blowers are protected from retaliation by law. If you are involved in a whistle blowing case, hire an employee rights attorney in San Jose to ensure that you are not subject to any unlawful retaliation in your workplace, and so that you have the legal support you need if your employer does target you.
Whistle blowers’ protections are extensive. Your employer cannot deny you benefits, demote you, lower your pay or hours, or discipline you in reaction to your whistle blowing. You may not be reassigned in such a way that will impact your future potential for promotions, and you cannot be terminated from your position as the result of being a whistle blower. Your employer also cannot attempt to intimidate or threaten you or blacklist you in your industry if you seek employment elsewhere. Both federal and state laws protect whistle blowers from this kind of retaliation at work. If you feel that your rights are being violated, document the instances of retaliation and contact an employment lawyer for help. Your attorney can help you decide what to do next to ensure that your rights are protected.
Both federal and state laws make mandates about how employers must handle wages and hours for their employees. Violations of these employment laws are often the subject of employee-rights cases. If you believe your employer is not honoring your wage or hour rights, contact a labor rights lawyer in San Jose to determine if you have cause to pursue legal action. Here is a closer look at some wage and hour employment laws and how they are enforced.
What are my rights to fair wages and hours?
On the federal level, wages and hours are governed by the Fair Labor Standards Act, or FLSA. The FSLA mandates a standard minimum wage, overtime pay requirements, child labor standards, and employers’ responsibilities for record keeping. These standards apply to all employees across the country for both full and part-time work. After non-exempt employees—those who typically do not make a salary—reach 40 hours per week of work, they must receive overtime pay of at least one-and-a-half times their normal pay. The FSLA does not address paid time off for any reason, premium pay for weekend or holiday shifts, raises, or severance pay.
Additionally, states may have their own wage and hour laws. These laws can set a different minimum wage, and they may make further provisions for hours and wages. In California, for instance, state law sets standards for when employees are entitled to breaks. Laws may also exist on the local level. Employers must honor the law that gives their employees the generous breaks and highest wages.
How are these laws enforced?
The responsibility to enforce these laws depends on which laws are in question. For federal violations, the Wage and Hour Division of the U.S. Department of Labor enforces the laws. At a state or local level, the government office responsible for the law will enforce it. Filing complaints and going through the investigation process can be confusing for employees, so it is always recommended to have a labor rights attorney file disputes on your behalf. Your lawyer can ensure that your claims are filed correctly and that your rights are preserved at every stage of the process.