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.