What is the Equal Pay Act?
The Equal Pay Act an employers from paying their workers less than employees of the opposite sex for similar or identical work.
The Equal Pay Act an employers from paying their workers less than employees of the opposite sex for similar or identical work.
By Brad Nakase, Attorney
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The Equal Pay Act requires equal pay for employees of all genders who perform “substantially similar work when viewed as a composite of skill, effort, and responsibility.
There are two Equal Pay Act: 1) Equal Pay Act under Federal Law, and 2) California Equal Pay Act. Both Equal Pact Act laws are the same. Under the Equal Pay Act, the federal government and the state of California show a strong public policy favoring employees. The Equal Pay Act requires employers to provide equal pay for all workers regardless of gender, race, minorities, sexual orientation, sexual identification, gays, lesbians, or transgender. The laws are California Labor Code 1197.5 and Labor Code section 432.3.
The California Equal Pay Act (herein “Equal Pay Acts”) has been on the books for several decades. This law has ensured that employees get paid equally for the same work. This is true regardless of what gender they may be. This law was reinforced by the California Fair Pay Act of 2015. This renewed commitment to equal pay showed Californians the state’s commitment to attaining equality for all genders. Should you have questions concerning the Equal Pay Act, please contact our Los Angeles employment lawyer for a free consultation.
There have been several changes that came as a result of the California Equal Pay Act. They can be summarized as the following:
Currently, the Equal Pay Act bars employers from paying rates that come in as less than what employees of another gender get. This also applies to other races or ethnicity as well. The one caveat is that the work they perform must be very similar. Sometimes, it isn’t easy to pin down specific work. In that case, an equal skill or responsibility can be used as a metric.
Under the Equal Pay Act, work must be similar in a few ways to be considered significantly or substantially similar. The skill needs to be very similar, or the responsibilities and duties must be very similar. Skills can be broken down a little more. This can refer to any experience, abilities, training, or education needed to accomplish tasks within a role. Responsibilities can also be split up. This refers to an employee’s duties within the context of their position. Additionally, working conditions have to be very similar.
There are a few key differences between the Equal Pay Act under Federal and California law:
To follow Equal Pay Act, you will have to show proof. This would prove that you are getting paid less than someone of another gender, race, or ethnicity. Additionally, you must prove that the other employee(s) are doing work similar to yours. When you can demonstrate this, an employer has to prove something. They must prove that they had a good reason for the disparity in pay.
Yes, you still have the right to file a claim under the Equal Pay Act. The Equal Pay Act will compare jobs based on how similar they are. This holds regardless of what the titles of those jobs are.
There are no concrete definitions of what “wage rates” are. This is a term used to describe any wages or salaries employees may receive. This can also include other types of compensation.
Yes, it is. Employers can win against claims using Equal Pay Acts. To do this, they must prove that any differences in pay for very similar work are because of the following:
Employers have to demonstrate that one of the above is applicable. They must also prove that one of these is the sole reason for the difference in pay. Employers are currently not allowed to justify differences using previous earnings data. Employers can compensate using current salary data. However, any differences must be because of one of the above mentioned reasons. The employer has deep pockets to fight a claim. You should contact an experienced equal-pay lawyer to protect your interests.
Employers can win over a claim made using the Equal Pay Act. They can do so if they prove there is a genuine reason. This reason would have to be other than one based on gender, ethnicity, or race. The only way an employer can win in a situation like this is if they prove the reason was:
Yes, there are. Some examples that do not involve gender, ethnicity, or race under the Equal Pay Act are the following:
There are others, but these are the primary genuine bona fide factors. An Equal Pay Act can help you determine if you have a valid claim for unfair pay.
Yes, they do. Government employees work in the state, county, and local entities. Public employees can now file claims against their employers under Equal Pay Act.
Under the Equal Pay Act, employees must file claims within two years of a violation occurring. When a violation is intentional, the time gets extended to three years. Additionally, every paycheck with unequal pay is considered a violation. This information will be used for ascertaining the filing deadlines. Your Equal Pay Act will help you file a claim for monetary compensation.
First, you should file a Equal Pay Act claim with the office of the Labor Commissioner. Alternatively, you can take your claim to court. Employees are not obligated to file claims with the office of the Labor Commissioner before filing lawsuits in court. Sometimes, You can file your claim with California’s Department of Fair Employment and Housing.
As soon as you file a Equal Pay Act claim with the office of the Labor Commissioner, the claim will be investigated. Then, it will be determined whether there was a violation of the law by the employer. If it is determined that there was no violation, the claim will be dismissed.
If it is determined that a Equal Pay Act violation did occur, it will require remedial action from the employer. In some cases, the employer will refuse to comply with these demands. When this happens, the Labor Commissioner will file a civil action in a court of law. This is done to recoup the wages and damages that the employer owes you.
The Department of Fair Employment and Housing is the entity that will enforce the Fair Employment and Housing Act. The Equal Pay Act bars discrimination against gender, country of origin, ancestral lineage, or race. More categories also have protection, but these are the most common ones violated.
While you have the option to file a Equal Pay Act claim with this department, you are not required to do so. The office of the Labor Commissioner will only look into violations of the Equal Pay Acts. If you claim there was a violation that is outside the scope of that law, you may go ahead and file it with the Department of Fair Employment and Housing. An Equal Pay Act will help you file a lawsuit in civil court for unfair pay.
The names of individuals filing claims are kept confidential. This confidentiality is maintained until the claim is determined to be valid or not. When the claim has to be investigated, your name may be revealed. Yes, you are allowed to file as part of a group claim. This is possible when several employees are affected similarly by the same employer.
If you win a claim about the Equal Pay Act, you can recoup the differences in wages, damages, and interest. If you were to file a court case, you also could recoup legal fees for an equal-pay lawyer.
Yes, they can. Employers who want to comply with the Equal Pay Act should look at similar roles. Once they gather this information, they should determine whether everyone is getting paid equally, regardless of gender.
To adhere to the Equal Pay Act, employers have to hold onto records of wages and their rates for three years. They will also have to keep records of position classifications and terms and conditions for employment.
Yes, you can do that. You are free to ask them how much others are getting paid. The caveat is that an employer is not obliged to give you that information.
No, they are not allowed to do that. Employees can freely talk about what they make to whomever they wish. Additionally, they are not allowed to stop employees from encouraging others to know their rights under the law. Employers are not allowed to retaliate when these conditions exist. If the employer retaliates, you should contact an Equal Pay Act to help you.
No, they are not. If employers ask, in any way and through any medium, what someone’s salary history is, they are violating the law. They cannot use an employee’s past salary data to ascertain whether they should be hired.
There are only two instances where there is an exception to this. One is when the information is disclosed through California’s Public Records Act. Another is disclosed through the federal government’s Freedom of Information Act.
Yes, you can do so. However, this has to be done without any cues or requests from the employer. Volunteering this information without being asked for it may be used against you. This is why you should carefully consider whether you want to provide this information to a potential employer.
However, employers are not allowed to use salary information in certain situations, even if it is voluntarily given up. These would be when there is a difference in gender, ethnicity, or race among employees who have very similar roles. This would be a violation of the Equal Pay Act and be illegal.
Yes, they do if someone is applying for that position. Employers, if requested, will be required to provide this information. The request has to be deemed reasonable, which would be considered as such if someone had already been interviewed.
Under the Equal Pay Act, the term “pay scale” refers to the salary or hourly rate someone is paid for a job.
Are protections in place if an employer retaliates when confronted with a violation?
Yes, there are. An employer may be found retaliating against employees who bring up violations of the Equal Pay Act. If this is the case, further action is possible, such as filing a claim.
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