Equal work deserves equal pay—it's that simple. Yet, many workers in California find themselves earning less than colleagues performing the same job. Discrimination based on gender, race, and other factors continues to create unfair wage gaps. Thankfully, California has some of the strongest laws in the nation to protect workers from these injustices. The California Equal Pay Act and other regulations ensure that pay decisions are based on skill and effort, not bias. But enforcing your rights often requires legal action.
If you're concerned that you're being underpaid or treated unfairly, you don’t have to face it alone. At Arshakyan Law, we’re dedicated to helping workers seek justice and recover the wages they deserve. Contact us today for a consultation and take the first step toward fair compensation.
What Are Fair Pay and Equal Compensation Laws?
Fair pay and equal compensation laws exist to eliminate wage gaps and ensure that employees performing the same or similar work are paid equally, regardless of characteristics like gender, race, or ethnicity. These laws create a level playing field where pay is determined by skill, effort, and responsibility—not bias or discrimination. In California, three key laws govern fair pay:
- Requires equal pay for employees performing "substantially similar work" under similar working conditions.
- Protects against pay discrimination based on gender, race, or ethnicity.
California Fair Employment and Housing Act (FEHA)
- Prohibits discrimination in compensation based on a variety of protected characteristics, including gender, race, national origin, and age.
- Enforces equal pay for equal work across the United States.
By enforcing these laws, California ensures that all workers are paid fairly for their contributions.
Key Protections Under California’s Equal Pay Act
California’s Equal Pay Act goes beyond federal standards to offer broader protections for employees. Here are the core elements of the law:
- Substantially Similar Work: Employers must provide equal pay for employees performing tasks requiring similar skills, effort, and responsibility, even if their job titles differ.
- Expanded Protections: Pay discrimination is not just limited to gender. The law also applies to race and ethnicity.
- Salary History Ban: Employers cannot ask about or rely on an applicant’s past salary history when deciding pay. This helps prevent historical pay disparities from being perpetuated.
- Prohibition Against Retaliation: Employers are forbidden from retaliating against employees who ask about or discuss their wages.
If your employer fails to follow these guidelines, they may be in violation of California’s Equal Pay Act, and you could be entitled to compensation for lost wages and damages.
Employer Responsibilities Under Equal Compensation Laws
Employers have a legal obligation to maintain fair and transparent pay practices. This means they cannot simply claim that pay disparities are justified without substantial proof. Key responsibilities include:
Justifying Pay Differences
Employers must demonstrate that any differences in pay are based on legitimate factors, such as:
- Seniority systems.
- Merit-based systems tied to performance evaluations.
- Quantity or quality of production.
These factors must be applied consistently and cannot be used as a cover for discriminatory practices.
Pay Transparency
Recent legislation, including the Pay Transparency Act, requires employers to disclose salary ranges for job postings and provide pay scale information to current employees upon request. This measure ensures employees have access to critical information to identify potential pay disparities.
Recordkeeping
Employers are required to maintain records of wages, job classifications, and other related data for a minimum of three years. This documentation can be vital in uncovering patterns of pay discrimination.
How Employees Can Recognize and Address Pay Disparities?
Identifying pay disparities isn’t always straightforward, but there are signs you can look for to determine if your compensation may be unfair:
- Lack of Pay Transparency: If your employer refuses to provide information about salary ranges or pay scales, this could indicate unequal pay practices.
- Unexplained Pay Differences: If colleagues performing the same job with similar experience levels are earning more, this is a red flag.
- Inconsistent Raises or Bonuses: If certain employees consistently receive higher raises or bonuses without clear justification, discrimination may be at play.
If you suspect pay discrimination, here’s what you should do:
- Gather Evidence: Start by collecting relevant documents, such as your employment contract, pay stubs, and job descriptions. If possible, compare this information with what you know about your colleagues’ roles and compensation.
- Document Conversations: Keep records of any discussions with supervisors or HR about your pay. This can be helpful if you need to prove your case later.
- Seek Legal Assistance: Consult with an employment lawyer to evaluate your situation and discuss your legal options.
Filing a Claim for Unequal Pay in California
If you’ve experienced pay discrimination, taking legal action can help you recover lost wages and hold your employer accountable. Here’s what you need to know about filing a claim:
Eligibility to File: Any employee who believes they’ve been subjected to pay discrimination can file a claim under the California Equal Pay Act. This applies regardless of whether you’re a full-time, part-time, or temporary worker.
How to File
- Contact the California Department of Industrial Relations (DIR): The DIR oversees wage claims and can guide you through the process.
- Consult an Employment Lawyer: While you can file a claim on your own, having a lawyer on your side increases your chances of success.
Deadlines and Statutes of Limitations
Claims under the California Equal Pay Act must typically be filed within two years of the discriminatory act. However, if the violation is willful, you may have up to three years to file.
Potential Remedies
If your claim is successful, you could recover:
- Back pay for lost wages.
- Interest on the unpaid wages.
- Additional damages for willful violations.
A lawyer can guide you through each step of the claims process, ensuring that your case is presented effectively and within the legal timeframe.
Protect Your Rights with Experienced Los Angeles County Employment Law Attorneys
At Arshakyan Law, we believe that pay disparities aren’t just workplace frustrations—they're legal opportunities to demand change. Every underpaid paycheck tells a story of inequality, and we know how to turn those stories into compelling legal arguments.
We dig deeper than surface-level numbers, analyzing company practices, pay structures, and historical patterns to reveal hidden discrimination. Our team doesn’t just aim for compensation—we push for accountability. When employers are confronted with their violations, it sets a precedent for fair treatment moving forward. If you suspect that your paycheck doesn’t reflect your worth, we’re here to help. Call 888-851-5005 or contact us online to explore how we can help turn your case into a force for change.