October 26, 2021
California’s Equal Pay Act has long prohibited employers from paying employees less than other employees of the opposite sex for equal work. However, many employees continue to experience gender and ethnic pay disparities. Every industry struggles with wage gaps, and it is crucial that California employees understand the Equal Pay Act and how it protects them.
Equal pay is required for employees performing substantially similar work
“Similar work” is a key phrase in California law regarding equal pay. If you perform work at your job that is substantially similar to work performed by other employees, equal pay is required for you and those employees.
In defining “similar work,” you need to consider the skills required for the position, the effort required for daily tasks, the educational requirements, and the responsibilities that the job entails. Employers cannot justify lower wages by pointing out minor pointless differences between positions.
Equal pay covers more than gender
In 2015, the Governor of California, Jerry Brown, signed the California Fair Pay Act. This act adds additional protected classes, such as race and ethnicity, concerning equal pay. That means that an employer is prohibited from paying their employees less than other employees of the opposite sex or of another race for similar work.
Retaliation in the workplace is illegal
Some employees do not report wage inequality because they fear retaliation from the employer. Fortunately, the California Fair Pay Act enforces the Fair Pay Act, making it illegal for employers to retaliate against employees who inquire about the wages of others.
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