If you don’t win, we don’t get paid: 855-913-1134
Overtime, Wage Theft, & Unlawful Pay > Gender Pay Gap
The gender pay gap describes differences in earnings between people of different genders. A pay gap may violate California law when employees receive unequal pay for substantially similar work without a legally permitted justification, or when compensation decisions involve unlawful sex or gender discrimination. An earnings difference alone does not automatically establish a legal violation.
California’s Equal Pay Act, Labor Code section 1197.5, generally requires equal pay for substantially similar work, considering skill, effort, responsibility, and working conditions. Actual duties matter more than job titles.
Separately, the Fair Employment and Housing Act (FEHA) prohibits compensation discrimination based on sex, gender, gender identity, and gender expression. FEHA’s employment discrimination provisions generally cover employers with five or more employees.
Yes. Seniority, merit, production-based systems, or qualifying job-related factors may justify differences. Under the Equal Pay Act, the employer must meet the legal requirements and explain the entire disparity. Prior salary cannot justify an otherwise unlawful sex-based pay difference.
Preserve pay statements, compensation plans, job descriptions, performance reviews, and relevant communications you are lawfully entitled to keep. Document your actual responsibilities and any gender-related comments about pay or advancement.
Legal sources: California Labor Commissioner: Equal Pay Act and Pay Transparency FAQs and California Civil Rights Department: Employment Discrimination Protections.
Concerned that gender affects your pay or advancement? Matern Law Group can review your circumstances and explain your legal options.
In California, there are robust laws and regulations designed to address and eliminate gender pay gaps. The state has been at the forefront in promoting equal pay and ensuring that employees receive equal compensation for substantially similar work, regardless of gender. Here are some key aspects of California’s employee rights concerning the gender pay gap:
These provisions reflect California’s commitment to reducing the gender pay gap and promoting workplace equality. Employers in the state are encouraged to regularly audit their pay practices to ensure compliance with these laws.
Our Practices are Guided by Integrity. We’ll protect what you deserve.
We work tirelessly and fight tenaciously to hold rights abusers accountable.
If you’ve experienced a distressing incident related to an issue like this, call us for a free case evaluation.
Legal cases can be lengthy, complicated, and confusing, but you don’t have to take on the system all by yourself. If you believe someone has violated your individual rights, or the rights of a large group of people in your community, we can help you find the right course of action.
"*" indicates required fields
