Equal Pay Lawyer Los Angeles | California Fair Pay Act Claims

If you need an equal pay lawyer in Los Angeles, Mesriani Law Group is here to help. Despite decades of legal protections, pay discrimination based on gender, race, and ethnicity remains common in California workplaces — see our employment discrimination page. Employees are denied equal compensation not only through lower base salaries, but through disparities in bonuses, commissions, stock options, benefits, and other forms of compensation.

California has some of the strongest equal pay laws in the country. The California Fair Pay Act, which significantly expanded protections beyond the federal Equal Pay Act, applies to all employers in California and reaches pay disparities between employees performing substantially similar work — even at different locations. At Mesriani Law Group, our Los Angeles equal pay attorneys represent employees whose rights under California and federal pay equity laws have been violated.

The Legal Framework: California and Federal Equal Pay Laws

California Fair Pay Act (Labor Code § 1197.5)

The California Fair Pay Act — an amendment to the California Equal Pay Act of 1949 — is the primary equal pay statute in California. See our guide to the California Equal Pay Act and the gender wage gap and provides significantly stronger protections than federal law:

• Substantially similar work standard: Unlike the federal EPA’s “equal work” requirement, California applies a “substantially similar work” standard based on skill, effort, and responsibility performed under similar working conditions. This broader standard reaches pay disparities across different job titles and descriptions.
• Cross-establishment comparison: The California Fair Pay Act eliminated the “same establishment” limitation. Employees can compare their pay to workers at different company locations, not just the same physical workplace.
• Gender, race, and ethnicity protected: SB 1063 (effective January 1, 2017) expanded California’s Equal Pay Act to prohibit pay discrimination based on race and ethnicity in addition to sex.
• Covers all forms of compensation: Base salary, bonuses, commissions, stock options, benefits, overtime pay, and all other forms of remuneration.
• Anti-retaliation protection — see our workplace retaliation page: Employers may not discharge, discriminate, or retaliate against employees who invoke their rights under the Equal Pay Act or discuss wages with coworkers.
• Employer bears burden of justification: Once a pay disparity is shown, the employer must affirmatively demonstrate that the differential is based on a bona fide factor unrelated to sex, race, or ethnicity — such as seniority, merit, or a production-based system.

Federal Equal Pay Act of 1963

The federal Equal Pay Act (29 U.S.C. § 206(d)) prohibits pay discrimination based on sex for employees performing substantially equal work in the same establishment. Key distinctions from California law:

• Equal work standard: Requires equal (not just similar) skill, effort, and responsibility under similar working conditions — a stricter standard than California’s
• Same establishment limitation: Comparators must work at the same physical location — a limitation California eliminated
• Sex-based only: The federal EPA protects only against sex-based pay discrimination; race and ethnicity pay discrimination is addressed under Title VII
• No administrative filing required: Unlike Title VII claims, federal EPA claims can be filed directly in court without first filing with the EEOC

Title VII of the Civil Rights Act of 1964

Title VII prohibits pay discrimination based on race, color, religion, sex, and national origin. See our guide to California anti-discrimination laws. In sex-based pay cases, Title VII can be claimed alongside the federal EPA. Title VII requires filing an EEOC charge within 300 days and has a more flexible comparator standard than the federal EPA.

Recent California Laws Strengthening Pay Equity

Salary History Ban (AB 168, Effective January 1, 2018)

California employers are prohibited from asking job applicants about their salary history — a practice that historically perpetuated pay disparities by anchoring offers to prior discriminatory wages. Employers must also provide the pay scale for a position to an applicant upon reasonable request.

Pay Scale Disclosure Requirements (SB 1162, Effective January 1, 2023)

California employers with 15 or more employees must include the pay scale. See our coverage of California’s equal pay legislative progress — the salary or hourly wage range — in all job postings. Employers with 100 or more employees must submit annual pay data reports to the California Civil Rights Department (CRD) broken down by race, ethnicity, and sex across job categories. These reports are a valuable source of evidence in pay discrimination cases.

Wage Discussion Protections (Labor Code § 232)

California employees have a protected right to discuss wages and compensation with coworkers. An employer may not prohibit employees from disclosing wages, discipline employees for discussing pay, or retaliate against employees who share compensation information with colleagues. This protection is critical to identifying and proving pay disparities.

What Counts as Pay Discrimination Under California Law?

Equal pay discrimination occurs when an employer pays an employee less than employees of the opposite sex, a different race, or a different ethnicity for substantially similar work, and cannot justify the disparity through a bona fide factor. Pay discrimination can take the form of:

• Base salary disparities: Female or minority employees in the same or comparable roles paid a lower base salary
• Bonus and commission disparities: Different bonus structures, targets, or commission rates based on sex, race, or ethnicity
• Stock and equity disparities: Fewer or less valuable stock option grants or equity awards
• Benefit disparities: Differences in health insurance, retirement contributions, or other non-cash benefits
• Starting salary suppression: Using prior salary history to set a lower starting offer, perpetuating historical discrimination
• Promotion-linked pay disparities: Systematic denial of promotions to protected groups, creating cumulative pay gaps over time

Employer Defenses — and How We Counter Them

When a pay disparity is shown, the employer must prove the differential is entirely based on one or more bona fide factors unrelated to sex, race, or ethnicity:

• Seniority: A longer-tenured employee may lawfully earn more. We analyze whether the seniority system is applied consistently and neutrally.
• Merit: A merit-based system may justify disparities if it is applied consistently and not itself tainted by bias.
• Production quantity or quality: Output-based pay systems are permissible if applied equitably.
• Bona fide factor other than sex/race: The employer must demonstrate the factor is job-related and consistent with business necessity. Under California law, prior salary history alone is explicitly not a bona fide factor.

Our attorneys obtain salary records, equity grant data, performance review histories, and job description documentation to build the comparative analysis needed to defeat these defenses.

How to Identify Pay Discrimination

Pay discrimination is often hidden — but several avenues exist for employees to uncover it:

• Discussing wages with coworkers — protected under Labor Code § 232
• Requesting the pay scale for your position from your employer
• Reviewing pay data reports filed by your employer with the CRD under SB 1162 — related to our wage and hour claims page
• Analyzing publicly available salary data for your role and industry
• Reviewing job postings that must now disclose pay scales under California law

What Compensation Can You Recover?

• Back pay: The difference in wages between what you were paid and what comparator employees were paid, for up to two years before filing (three years for willful violations)
• Liquidated damages: Under the federal EPA, a willful violation entitles the plaintiff to liquidated damages equal to the back pay award, effectively doubling recovery
• Interest: Pre-judgment interest on unpaid compensation
• Compensatory damages: Emotional distress and other non-economic harm under California FEHA sex/race discrimination claims
• Punitive damages: Available under FEHA for malicious or oppressive conduct by the employer
• Attorney’s fees and costs: Prevailing plaintiffs recover attorney’s fees under both the California Labor Code and Title VII
• Reinstatement or promotion: Courts may order reinstatement or promotion in cases involving discriminatory advancement decisions

Filing Deadlines for Equal Pay Claims in California

• California Equal Pay Act (Labor Code § 1197.5): Two years from the date of the violation for standard claims; three years for willful violations
• FEHA sex/race/ethnicity discrimination: File with the CRD within three years of the discriminatory act
• Federal Equal Pay Act: Two years for non-willful violations; three years for willful violations. No EEOC filing required.
• Title VII: File with the EEOC within 300 days of the discriminatory act

Important: Each paycheck that reflects an unlawful pay disparity is a separate violation. Contact an equal pay lawyer in Los Angeles as soon as possible to preserve your rights and gather comparative salary evidence.

Why Choose Mesriani Law Group as Your Equal Pay Lawyer in Los Angeles?

• Over 30 years representing employees in pay discrimination and employment law cases throughout Los Angeles and California
• Hundreds of millions of dollars recovered for clients
• Deep knowledge of the California Fair Pay Act, SB 1063, SB 1162, and the salary history ban
• Experience analyzing salary records, equity grant data, and compensation structures to build comparative pay disparity evidence
• No Win, No Fee — you pay nothing unless we win your case
• Available 24/7 in English, Spanish, and Farsi