Equal Pay Laws in California

California’s Equal Pay Act states that an employer cannot discriminate an employee in terms of pay based on race, ethnicity for substantially similar work. Substantially similar work means that the work is performed under the same working conditions and requires the same effort, responsibility, and skill. Other factors include education level, experience, training, effort and the ability required to perform the work.

California’s Equal Pay Act Revisions

California’s Equal Pay Act law has been amended several times. The following are some of California’s Equal Pay Act revisions:
1. Salary History
All employers are restricted from using an employee’s salary history to decide the salary to offer an applicant or to determine whether or not to employ an applicant. The law also prohibits an employer from asking the prior salary of an employee. However, the law does not prevent an employer from considering the previous salary if an applicant discloses willingly.
The law also requires all employers to give the applicant the position’s pay scale if he or she requests it. The law permits employers to ask about the salary expectations of an applicant. Applicants may disclose their salary history when asked about their salary expectations.
2. Pay Equity
The act allows employers to justify salary difference based on merit, seniority, quality or quantity of production and any other bona fide factor apart from race, gender or ethnicity. Any bona fide factor should be job-related and consistent with business necessity.
The law also allows an employer to consider the current salary of an employee when making compensation decisions.

Frequently Asked Questions about California’s Equal Pay Act

What is Substantial Similar Work?
This is work that is performed under the same working conditions and requires the same responsibility, effort, and skill. Effort refers to the mental and physical strength needed to perform the job. Skill refers to education, experience, ability, and training required. Responsibility refers to the duties required and the level of accountability.
What are bona fide factors?
A bona fide factor is not based on race, sex or ethnicity. Bona fide factors include merit, seniority and quality or quantity of production.
Who is covered by this act?
All employees are covered, whether public or in the private sector. State, local and county agencies must comply with the Equal Pay Act.
Can I file an equal pay claim?
An employee can file an equal pay claim if he or she can prove that an employer has violated the act. The employer should file the claim within two years of the violation.

Getting Help from UELG

You can contact United Employees Law Group (UELG) if you feel that your employer has violated the Equal Pay Act. They will offer professional advice and also help you file a successful claim.