Equal Pay Act and Fair Pay Act Discrimination in California
Under California’s Fair Pay Act which was enacted in January 1, 2016, which strengthens the Equal Pay Act, employers are not only mandated to provide equal pay to all employees but they are also obligated to make sure that they provide equal pay to both genders for “substantially similar work”. Hence, if you feel that you are not given the same pay because you are a woman or a man in an otherwise women or men dominated institution, you have a right to seek damages against your employer.
Meaning of “Substantially Similar Work”
Before, the law only defines substantially similar work as based on the assigned tasks. If you have similar tasks, you should also be given the same amount of salary all things being equal. However, the law now expands the definition by saying that even if you have different positions, but if you are actually doing substantially similar work, then there should be no disparity in your salary. Otherwise, your employer is committing Equal Pay Act discrimination.
Does Equal Pay Act Apply Only to Same Establishment?
Again, the California’s Fair Pay Act radically changed the definition of substantially similar work to include compensation as compared with other establishments or facilities. Before, employees in the same establishment should be given similar salaries for substantially similar work. Now, the employees have more power to compare their salaries with other establishments. For example, if you are working at a restaurant and you feel that all of you are not getting a competitive salary as given by other restaurants, you can compare your salary with their establishments.
If you can prove that you are all not being given reasonable salaries compared to other restaurants with substantially similar work, then your employer can be guilty of Equal Pay Act violation. If you can prove that this is due to any type of discrimination, then you can seek damages against your employer for damages.
Statute of Limitations
The law provides that you should file the case within 2 years from discovery of Equal Pay Act discrimination. Otherwise, you will be barred from doing so. Hence, to make sure that you get the best compensation you deserve, seek help immediately from top Equal Pay Act Discrimination attorneys in California right away so that you can start claiming your damages and losses against your boss.Written by: Della Shaker Published by: Employment Law Articles Copyright holder: Mesriani Law Group on