California Equal Pay Law

The California Equal Pay Act was initially intended to protect the rights of employees whose employers engaged in discriminatory practices based on gender. However, after certain amendments, the protections of this law now extend to cases based on sex, race, or ethnicity. In the category of wage and hour laws, the Equal Pay Act is essential and ensures that you are paid appropriately.

How is this law enforced in California?

The California Equal Pay Law requires employers to report how much their employees earn and what roles each employee performs. Additionally, employers are required to report their employees’ nationalities, ethnicities, and genders so that the data can be easily accessed. This information helps the state investigate employers when complaints of sex discrimination or illegal practices are filed.

What are some signs that you are being discriminated against?

Here are some examples of discrimination:

• Being assigned more work without a promotion or raise.
• Working more hours for the same amount of pay.
• Not being considered for promotions or raises despite having more skills and preparation than other candidates.
• Noting that one gender/nationality is more likely to be promoted than others.

How can I file a lawsuit when the Equal Pay Law has been violated?

Claims or lawsuits under the Act must be filed within two years of the violation, except for cases involving willful (i.e., reckless) violations. In those cases, an employee has up to three years. If the Labor Commissioner’s Office determines that a violation occurred, the employee may receive compensation from their employer.

If you believe your rights have been violated, at Para Los Trabajadores, we can explain your options and guide you through the process. We will work tenaciously to obtain the compensation you need and deserve.