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California Wage Gap Lawyers

We have handled many cases involving claims for unpaid wages. If your employer has failed to comply with vital workplace protections regarding your pay or time worked, the law is on your side.

What Is a Wage Gap in California?

A wage gap is a difference in earnings between employees or groups of workers. It may be unlawful when it involves unequal pay for substantially similar work without a legally permitted justification, or compensation discrimination based on a protected characteristic. A pay difference alone does not automatically establish a legal violation.

When Can a Wage Gap Violate California Law?

California’s Equal Pay Act, Labor Code section 1197.5, generally prohibits lower wage rates than those paid to employees of another sex, race, or ethnicity for substantially similar work under similar working conditions, unless a lawful justification explains the disparity.

The Fair Employment and Housing Act (FEHA) separately prohibits compensation discrimination based on protected characteristics, including religion, disability, and age 40 or older. Its employment discrimination provisions generally cover employers with five or more employees.

Examples of Potentially Unlawful Wage Gaps

  • Unequal pay for comparable work: A Black employee receives a lower wage rate than a white employee performing substantially similar work without a legally sufficient explanation.
  • Discriminatory raises: A manager gives smaller raises to employees because of their ethnicity rather than legitimate performance criteria.
  • Different titles masking similar duties: Employees of different sexes perform substantially similar work under different titles, but the pay disparity lacks a lawful justification.
  • Discriminatory compensation decisions: An employer reduces an employee’s compensation because of a protected characteristic, such as religion or disability.

Can Employers Lawfully Pay Employees Different Amounts?

Yes. Under the Equal Pay Act, permitted explanations may include seniority, merit, production-based systems, or qualifying job-related factors. The employer must satisfy the legal requirements and account for the entire disparity. Actual duties, rather than job titles alone, guide the work comparison.

What Records May Help?

Preserve pay statements, compensation policies, job descriptions, performance reviews, and relevant communications you are lawfully entitled to keep. Document your responsibilities and any explanation given for the difference. An attorney can assess comparable work, possible discrimination, and applicable deadlines.

Legal sources: California Labor Commissioner: Equal Pay Act and Pay Transparency FAQs and California Civil Rights Department: Employment Discrimination Protections.

Request a Free Case Review

Concerned about an unexplained wage gap or discriminatory pay? Matern Law Group can review your circumstances and explain your legal options.

California’s laws on wage gaps are among the most progressive in the United States, aiming to address and reduce pay disparities based on gender, race, and other protected characteristics. The state has enacted several key pieces of legislation to ensure equal pay for substantially similar work, regardless of an employee’s gender, race, or ethnicity. Here are the main provisions of California’s wage gap laws:

  1. California Equal Pay Act (Labor Code Section 1197.5): This law prohibits an employer from paying any of its employees wage rates that are less than the rates paid to employees of the opposite sex, or another race or ethnicity, for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions. The law also prohibits wage discrimination based on gender in addition to race or ethnicity.
  2. Salary History Ban: To combat wage discrimination, California law (AB 168) prohibits employers from asking job applicants about their salary history. Employers cannot rely on prior salary information as a factor in determining whether to offer employment or what salary to offer. However, if a job applicant voluntarily, and without prompting, discloses their salary history, an employer may consider that information in determining the salary for that applicant.
  3. Pay Transparency (SB 973): California requires certain employers (those with 100 or more employees) to report pay data by gender, race, and ethnicity to the California Department of Fair Employment and Housing (DFEH). This requirement aims to identify and address potentially discriminatory pay practices.
  4. Protections Against Retaliation: The law protects employees who disclose, discuss, or inquire about their own or their co-workers’ wages for the purpose of enforcing equal pay laws. Employers are prohibited from retaliating against employees for engaging in these protected activities.
  5. Right to Equal Pay for Equal Work: Employees have the right to be paid equally for work that is substantially similar to the work of employees of the opposite sex, or another race or ethnicity, in the same establishment. Any pay differences must be justifiable based on a bona fide factor other than sex, race, or ethnicity, such as seniority, merit, quantity or quality of production, or a necessary business-related reason.
  6. Enforcement and Remedies: Employees who believe they have been paid less than employees of the opposite sex, or another race or ethnicity, for substantially similar work can file a complaint with the California Labor Commissioner’s Office or pursue a civil lawsuit. Remedies may include unpaid wages, interest, and an equal amount as liquidated damages, among other potential remedies.

These laws reflect California’s commitment to reducing the wage gap and promoting gender, race, and ethnicity equality in the workplace. Employers in California must be diligent in evaluating their pay practices to ensure compliance with these robust protections.

Our Approach

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.

Did You Know?

Pay Transparency
California requires certain employers (those with 100 or more employees) to report pay data by gender, race, and ethnicity to the California Department of Fair Employment and Housing (DFEH).
California Equal Pay Act
This law forbids paying lower wages to employees based on gender, race, or ethnicity for work similar in skill, effort, and responsibility under alike conditions.

Is It Illegal, or Just Unfair?

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.

Complete the form below or call: 855-913-1134 for a FREE consultation today.

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