California law requires the fair and lawful treatment of workers. There are protections in place against pay discrimination, or unequal pay based on a protected class, such as gender or race. Contact our experienced employment lawyers for a free consultation about a potential Equal Pay claim if you are being paid less than a coworker for similar work. You may be eligible for financial compensation for wage discrimination.
What Makes Us the Right Choice
- We understand Equal Pay cases inside and out. Jillian Fairchild worked for 15 years as a defense attorney for employers before founding Fairchild Employment Law.
- You will receive personalized legal representation from an attorney, not a paralegal. We care about California workers and will ensure you get the fair pay and treatment you’re legally entitled to.
- We take Equal Pay cases in San Diego on a contingency fee basis, meaning we don’t charge any attorney’s fees unless we win the case for the wronged worker.
How an Employment Attorney in San Diego Can Help
An employment attorney can evaluate your situation to determine whether you have an Equal Pay claim under California law. If so, your attorney can gather and preserve evidence to prove your case, including testimonies from coworkers and payment records. You can trust your attorney to go up against your employer in or out of the courtroom for you to pursue a fair case outcome while you focus on the future.
What Are Your Equal Pay Rights as a Worker in California?
The California Equal Pay Act began as a law prohibiting employers from paying employees less than employees of the opposite sex for equal work. In 2015, the law was expanded to protect employees from any form of unfair or unequal pay based on a protected class.
Generally, if two employees are performing “substantially similar work” in terms of skill, effort, and work responsibilities, they must be paid the same rate. This is true whether the employees being compared work at the same establishment or not.
If an employer is guilty of a pay inequity and cannot justify it with factors other than a worker’s protected class, the company is guilty of wage discrimination. This entitles the employee to recover financial compensation for backpay, emotional distress, and various other types of damages.
Identifying and Proving Wage Discrimination in Your Workplace
Being paid a different amount from a coworker is not always wage discrimination or a violation of the Equal Pay Act. However, it is an infringement upon your rights as a worker in California if the pay difference is based on a protected class such as your race, age, gender, or ethnicity rather than credible factors.
Not only should you be paid a similar daily wage or salary for similar work, but also:
- Overtime pay
- Employment benefits
- Pension plan or retirement benefits
- Fringe benefits
- Profit-sharing
- Health insurance
- Life insurance
- Bonuses
If you are being paid less than a worker with a substantially similar job, even at a different company, you may have grounds for a civil Equal Pay claim. Start by searching for evidence that there are no “bona fide factors” validating the pay gap, such as a difference in the quantity or quality of your work, a seniority or merit system, training or education, or years of experience. Then, contact our equal pay attorneys to discuss your legal rights.
Contact Fairchild Employment Law for a Free Consultation in San Diego
If you are being underpaid in San Diego and wish to discuss a potential Equal Pay Act claim, contact Fairchild Employment Law to arrange a free case review. We represent employees at every stage of the litigation process to hold employers accountable for wage discrimination. Call (619) 306-1454 today to start fighting back.