San Diego Equal Pay Claims Law

The California Equal Pay Act prohibits employers from paying an employee at wages rates less than the rates paid to employees of another sex, race, or ethnicity for substantially similar work. (California Labor Code §1197.5) California law prohibits employers from paying any of its employees at wages less than those 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 California equal pay mandate extends to all forms of wages, including ordinary forms of pay, such as straight-time earnings, overtime compensation, and salaries, and to fringe benefits, such as pension, profit sharing, medical, life insurance and bonus plans. Moreover, employers may not reduce the wage of any employee in order to come into compliance with the law. Differentiations in wages are permitted in limited exceptions, including (1) where there is a seniority or merit system; (2) a system that measures earnings by quantity/quality of production; or (3) when differences are based on any bona fide factor other than sex, race, or ethnicity, such as education training or experience. 

If you are being paid less than another employee of a different gender or race when you are performing the same work, then you may have a claim for equal pay.

Under the Equal Pay Act, an employee can recover the difference in wages, interest, and an equal amount as liquidated damages.

FEL specializes in equal pay cases. If you feel that you are not being paid equally, reach out to FEL today for a free consultation at (619) 306-1454 or inquiry@fairchildemploymentlaw.com.