Los Angeles Equal Pay Act Violation Attorneys

When Can an Employer Legally Pay Employees Differently?

Not every pay difference violates the Equal Pay Act.

After an employee establishes the required pay disparity, an employer may attempt to show that the difference is based on a lawful seniority system, merit system, a system measuring earnings by quantity or quality of production, or another bona fide factor such as education, training, or experience.

A bona fide factor must satisfy additional requirements. It must be job-related, consistent with business necessity, reasonably applied, and sufficient, alone or with other lawful factors, to account for the entire wage difference.

That makes the employer's explanation an important part of evaluating an equal pay claim. Our attorneys can compare actual duties and total compensation and assess whether the reasons offered for a disparity satisfy California law.

Signs of a Potential Equal Pay Act Violation

A wage difference by itself does not establish an Equal Pay Act violation. The comparison must consider actual work, compensation, sex, race or ethnicity, working conditions, and any lawful explanation offered by the employer.

Potential warning signs may include:

• Employees of another sex, race, or ethnicity receiving higher pay for substantially similar work
• Lower bonuses, commissions, or other compensation for comparable work
• Unequal overtime compensation connected to a protected characteristic
• Newer employees receiving higher compensation for substantially similar work without an apparent lawful explanation
• Different benefits or other forms of compensation for employees performing substantially similar work
• Retaliation after an employee asks about pay or raises an Equal Pay Act concern

Other conduct, including discriminatory promotion or hiring decisions, may involve separate California employment discrimination protections rather than the Equal Pay Act alone.

Your Rights to Discuss Pay and Request Wage Information

California law protects employees who disclose their own wages, discuss compensation with coworkers, inquire about another employee's wages, or assist another employee in exercising Equal Pay Act rights.

Employers may not retaliate against workers for exercising these protections. Retaliation can involve termination, demotion, reduced hours, discipline, or other adverse employment action tied to the protected conduct.

Employees who want more context about these protections can review our discussion of California employees' rights to discuss salary.

California's pay-transparency rules provide additional rights. An employer must provide a current employee the pay scale for that employee's position upon request. Employers with 15 or more employees must also include the pay scale in covered job postings.

What Compensation Can Be Recovered in an Equal Pay Act Case?

The remedies available depend on the claims and facts involved.

For a California Equal Pay Act violation, the statute can allow recovery of the unpaid wage differential plus interest and an additional equal amount as liquidated damages. Employees who prevail in a private court action may also recover reasonable attorney's fees and costs.

Separate retaliation or discrimination claims can involve different forms of relief.

The value of a particular case therefore depends on the size and duration of the pay disparity, the evidence supporting the claim, related violations, and other provable losses. No particular result can be guaranteed.

You can review JCL Law Firm, APC's case results for examples of employment matters the firm has handled.

How Long Do You Have to File a California Equal Pay Claim?

California Equal Pay Act claims to recover wages generally must be filed within three years after the last date a cause of action occurs.

The law recognizes that a worker can be affected by an unlawful compensation decision each time wages, benefits, or other compensation are paid as a result of that decision. Depending on the circumstances, an employee may recover for the period during which the violation existed, generally up to six years.

Deadlines can differ for related retaliation, discrimination, or pay-transparency claims, so the applicable time limit should be evaluated based on the specific claims involved.

What to Do If You Suspect Unequal Pay

Preserve Compensation and Employment Records

Useful records may include:

• Pay stubs and compensation statements
• Offer letters
• Bonus and commission records
• Benefits information
• Performance reviews
• Job descriptions or job postings
• Emails or other written communications about compensation

Preserve records you lawfully possess without altering or improperly removing employer documents.

Compare Actual Job Duties

Do not focus only on job titles. Consider what each employee actually does, the skill and effort required, responsibility, working conditions, and all forms of compensation.

Understand Your Filing Options

A California Equal Pay Act claim may be pursued through the Labor Commissioner's Office, the California Civil Rights Department, or in court. An employee does not have to file with the Labor Commissioner's Office before bringing an Equal Pay Act action in court.

The appropriate route can depend on whether the facts also support retaliation or other discrimination claims.