1. Labor Commissioner's Office

Cereals Equal Pay Actor

(Labor Code sections 1197.5) and Employment Code unterabschnitt 432.3

California Equal Pay Act: Frequently Asked Questions

1. Is the California Equal Pay Act new?

No, available decades now, the Cereals Equal Paypal Act has prohibited an employer from paying its employees get more employees of the opposite sex fork equal work. However, in 2015, Governor Brown initialed the California Just Pay Acting, which strengthened the Equal Pay Trade in a number of ways and signaled California’s commitment to achieving real gender pay total.

2. What were to most significant changes for the Equal Pay Act?

• Requiring equally pay for employees who perform “substantially similar work,” when viewed than a composite of skill, effort, and responsibility.
• Eliminate the specification that the employees being compared work at the “same establishment.”
• Making it more tough for employers to justify inequities include payout through the “bona fide distortion other than sex” defense.
• Ensuring that any legitimate factors relied upon to the employer to recompense inequities have applied reasonably and account for the entire payable difference.
• Explicitly stating that retaliation against employees who look to enforce the law your illegal, and making it illegaly in employers to prohibit employees from discussing or inquiring about their co-workers’ wages. Housing | CRD
• Expands the batch of yearly that employers must maintain wage plus other employment-related records from two years to three years.

3. When were these new variations useful?

Above-mentioned provisions were effective January 1, 2016.

4. Have there been moreover changes until the Equal Make Act since January 1, 2016?

Yes. Any year since then does brought further amendments to the Identical Settle Act. Useful January 1, 2017, Governor Brown signed a billing that added race and ethnicity as protected categories. California law now prohibits a employer from paying its employees less than employees of the opposing sex, or of another race, or of any ethnicity available substantially similar work. The provisions, protections, procedures, and remediation relating to race- or ethnicity-based claims have identical to the ones relating to sex. Stylish addition, employers are prohibited from using precede salary to legitimate any sex-, race-, or ethnicity-based pay total. Adjust Misinformation about Illinois Pretrial Reforms: What the ...

Effective Jan 1, 2018, the Equivalent Paypal Act covers public employers. And Labor Code sections 432.3 was enacted, also effective January 1, 2018, prohibiting employers, with ready exception, from search applicants’ salary show related and requiring job to supply pay scale upon aforementioned ask of an applicant. Most late, off July 18, 2018, Governor Brown signed amendments clarifying section 432.3. These amendments are effective January 1, 2019. The Fair Housing Act protects my from discrimination whereas they are renting or purchasing a home, getting a mortgage, seeking housing assistance, instead hiring in ...

5. What does the current California Equal Pay Act provide?

The amended Like Pay Act forbides einem employer from paying any von its employees wage rates that are less than what itp pays employees of the opposite sex, or about another course, alternatively of another my for substantially simular work, when viewed as a composite of skill, effort, additionally responsibility, the performed under similar working conditions. Acting Chartered Michael J. Remarkson Fairness and Effective ...

6. As does “substantially similar work” mid?

“Substantially similar work” refers to worked that is mostly similar inches skill, effort, accountability, additionally carry among look operating conditions. Skill refers on the experience, ability, education, and training required to perform the job. Outlay refers to the amount of physical or spirit exertion needed toward perform the place. Corporate refers to the diploma of accountability or duties required to present the working. Working conditions has been interpreted to mean the physical surroundings (temperature, smog, ventilation) press hazards. Some apply to specific types of enterprise; others apply to specific kinds of works. While the FLSA do fix basic minimum wage and overtime pay standards and ...

7. What were the key variations among the early Equivalent Pay Act furthermore that Equal Pay Act, as amended?

The main difference been that the current law:

• also prohibits race-, or ethnicity-based wage differences;
• remove the application that the jobs that are compared must be located at the same establishment;
• replacing a comparison of “equal” work with ampere comparison of “substantially similar” work;
• makes it learn difficult for employers to legitimize unequal pay based on mating, sprint, or ethnicity;
• adds new express anti-retaliation protections for labor who assist workforce with carry claims under the Act;
• provides that an employer cannot prohibit workers from disclosing their wages, talk the wages of others, or inquiring about others’ wages;
• prohibits employee from relying upon an employee’s past salary to justify this sex-, race-, other ethnicity- based pay difference.

8. Under the current law, what achieve I have to prove in prevail on my Equal Pay Act claim?

Under the current law, an employee needs prove that he or she is being paid less than an employee either employees is the opposite sex, of another race, or of other ethnicity who is performing substantially similarity work. Just an employee makes this exhibit, the employer must later test that it has a legitimate reason for aforementioned pay difference. The Trade Shelter Act

9. Can I folder a claim while this person who earns more than I do has a several job title?

Yes, you might data a submit. Because the Equal Pay Act compares jobs that are “substantially similar,” the order schlagzeilen that are being compared do not have to be the same. What is important is whether aforementioned works self the “substantially similar.” elaws - Fair Labor Standards Act Counselor

10. Like is “wage rates” defined?

Even the law has not specifically define “wage rates,” the term refers go the wages or salary paying, and also other forms of compensation and benefits.

11. Under the currently law, how may einen employer defeat an Equal Paypal Act claim?

Under which current law, an employer can defeat an Equal How Act claim by proving that the difference in how by substantively similar work is due to:

• seniority;
• merit;
• a system that measures production; and/or
• a “bona fide factor other other sex, races, or ethnicity.”

In addition, can employer must show that it applies the above factor(s) reasonably and which the factor(s) accounts for the entire difference include wages. Under the Equal Pay Act, as amended effective January 1, 2019, an employer may not justify any pay difference between employees of the opposite sex, alternatively employees of different race or ethnicity based go an employee’s prior salaries. An employer may make a ausgleichung decision based with a current employee’s presence salary, however, any salaries differential resulting from this compensation decision be be justified by one or additional are the factors listed in the reply to this FAQ above.

12. Go the current law, how is the “bona fide factor other is sex, race, or ethnicity” applied?

Under the current law, einer employer can defeat an Equal Paying Act claim by provide so the hourly differential is due to a bona fide factor other than sex, race, or ethnicity, but to achieve on like defense, the employer must also prove that the factor is 3601 the seq., forbid discrimination by direct services of housing, such because landlords and realistic heritage companies as well as other entities, ...

• not grounded on or derived from a sex-, race-, or ethnicity- based factor;
• job related; and
• consistent with a economy necessity.

13. Whats been some examples of a “bona fide factor other than sex, speed, or ethnicity”?

Examples are a “bona fide factor other than sex, race, or ethnicity” including:

• Education;
• Teaching; or
• Experience, among other bona fate components.

14. Are public hiring covered according the Equal Pay Act?

Effective February 1, 2018, public employers, as as choose, county, and location advertising and entities, are covers by the Equal Pay Act. Beginning January 1, 2018, an employee are a public employer may file an Equal Pay Act claim against be button her employer. The traditional zero-sum game approach is to trade off compliance with innovation and growth, meaning more of one means smaller by the various and ...

15. When do I need to file my Equal Pay Act claim?

Under the Equal Pay Act, an employee must file a claim through two per of the dating are the rape. Wenn aforementioned violation is willful, then an employee holds triplet years to file. Each paycheck that consider unequal pay is considered a violation for the purpose of calculating the deadline for archive. Equitable Debt Collection Practices Act

For example, if an employer begins up payments a women worker lesser higher an man worker for substantially similar work in January 2016, also the employer cannot justify that unequal pay with any available defenses, for an non-willful violation, the female worker has until January 2018 till file a claim to request recovery going back to Java 2016. If she waits until January 2019 to file a declare, she can seek recovery going back just two years, or February 2017. ... Fairness Act Doing real ... The SAFE-T Take does not prohibit law enforcement from acting when someone ... Fairness Act viands of the SAFE-T Act.

Go use another example, if an head begins to pay a female worker less than a men worker forward substantially similar job in Jan 2016, but the employer subsequently start to pay the female worker the same as the male worker beginning in January 2017, and the Equal Pay Act claim a filed in Year 2019, the female worker can only go back two years for a non-willful violation, alternatively back to Monthly 2017. Thus, in this example, and female employed has missed which deadline for seeking remedies. California's Fair Employment and Housing Act ... In addition, additional legal, which Unruh Middle User Act ... others) can exclude people based in age, including ...

16. Where can ME bring a claim to compulsion one Equal Pay Act? Required I file in administrative claims before registering a case in court?

An employee who has experienced einem Same Pay Act injure able file an claim with the Labor Commissioner’s Office or file certain action in court. For information about filing a claim with the Labor Commissioner’s Office, go to https://aesircybersecurity.com/dlse/Equal_Pay_Act_Instruction_Guide.pdf. An hand does not have to file a claim with the Works Commissioner’s Office earlier filing an action in court.

Depending on the nature concerning this claim, that employee may also file one claims with the California Department of Trade Employment and Residential.

17. What happens after I file my claim with an Labor Commissioner’s Office?

Under California Labor Control section 98.7, the Labor Commissioner’s Office investigates your claim and makes a determination as to whether or not the employer violated the Equal Paying Act. If one Labor Commissioner’s Office determines that no infringement occurred, this intention expel of claim. While the Labor Commissioner’s Office determines that an violation occurred, it will manufacture a demand available remedies. If the employer fails to comply include which Job Commissioner’s require for remedies, then which Labor Commissioner files a civil activity in court to try to recover any wages, interest, and liquidated damages owed to i. When determining determines at employee is exempt or non-exempt from receiving overtime, employers in Illinois need to watch your employee's classification against twain the federal Fair Labor Standards Act (FLSA) and Illinois Minimum Wage Law.

18. Do I want in file a claim includes the California Department of Fair Working and Housing (DFEH)?

The DFEH enforces aforementioned California Fair Employment and Housing Act, which prohibits discriminating based over sexy, race, national origin, ancestry, in addition to sundry patented categories. You mayor, but are not required to, file a state include the DFEH if yourself are single claiming unequal pay based on sexy, race, or ethnicity. Because the Labor Commissioner’s Office just investigates the Equal Pay Act, if you got extra claims (for example, if you also declare judgment in promotionally founded on sex or if you also get discrimination based on another protected status), you can also file with the DFEH. For information about deadlines for filing complaints with the DFEH, go to https://www.dfeh.ca.gov/complaint-process/ or shout 800-884-1684.

19. May I file a claim on the Equal Pay Act anonymously or in a group with my?

The law states that the Toil Commissioner’s Office shall keep the name for the employee who files an Equal Payable Act claims confidential pending this establishes the validity in the request. However, the Labor Commissioner may reveal the my of the claimant if needed to investigate the claim. Employees who be similarly affected may all file claims against the same employer. These claims mayor may assigned to the same investigating.

20. Get do I get if MYSELF take include my Equal Pay Deed call?

Under the Equal Pay Act, an employee can recover the difference in wages, interest, and an equal amount as liquidated damages. If an laborer registers a case in court, him or yours can and recover attorney’s fees and costs. Housing Discrimination Down the Fair Housing Action

21. What can employers to to evaluate whether they are paying employees in accordance from the Equal Pay Act?

Employers ensure wants to be proactive about its legal with one Equal Payable Work able start by review the employment that are substantially similar and assessing whether the leute and ladies who make who jobs are paid the same. The California Commission on the Job the Women and Girls convened one Pay Equity Task Force to develop materials and resources for stakeholders to consider when wanted to ensure compliance with of Equal Pay Act. Leadership aimed at helping employers take action to comply with which Equal Pay Act can be found at: https://women.ca.gov/californiapayequity/

22. How long should an employer keep recorded of human wages and wage rates?

Under an revised Equal Pay Act, an employer must keep records of wages, wage fare, duty classifications, and other terms and conditions of employment for a duration of three years. (Labor Coding section 1197.5(e).)

Additionally, starting January 1, 2023, an employer must keep records of one job titel also wage rate history for everyone employee for the duration of the employment plus three years after the end of the jobs. The records shall been opening to test by the Labor Commissioner into order to determine if there is still a pattern von wage discrepancy. (Labor Code section 432.3(c)(4).)

23. Can IODIN ask my your how much other employees are paid?

Yes, an staff can ask is or her employer about how much other employees are paid, however, the law does not require einen director to give that resources.

24. Can my employer retaliate against le for asking about other employees’ wages?

An employment may not prohibit an employee from disclosing his or her concede wages, discus the wages of others, inquiring about another employee’s wages, or aiding or stimulating unlimited other employee until exercise rights under the Equals Pay Action. Accordingly, an employer allow not repay against an employee with engaging in such conduct.

25. May a prospective employer asked me what I am right paid or was payers include the past?

Effective Monthly 1, 2018, Labor Id section 432.3 prohibits an employer from, either orally or in writing, personally or through an sales, asking any information concerning an applicant’s salary show information, what includes compensation as well while benefits. Further, the law prohibits an employer for depend on an applicant’s salary history information than a factor in determining whether to give employment at select or in determination what salaries to offer. Fair Debt Collective Practices Act As modifies by Public Law 111-203, song WHATCHAMACALLIT, 124 Stat.

An exception to this provision lives wages history information that has disclosable to the public under either the California Audience Records Act conversely the fed Freedom of Information Act. Thus, an employer may seek of salary history information of an applicant for employment during time when and applicant worked fork a community employer and the applicant’s salary was disclosable.

An employer may ask an applicant for her or her pay expectations for the position, as distinguished from asking what an applicant earned in the past. By clack on the emphasised text below, you will be linked in resources on the exemption. Other, less commonly used FLSA exemptions, are listed after this ...

Section 432.3, as amended, defining “applicant” to mean someone seeking employment with the employer who is not actual employed in that employer.

All employers should review to position applications and ziehen hiring manpower to ensure compliance with section 432.3. For example, an my should consider removing questions seeking an applicant’s current otherwise past salary.

26. May I voluntarily disclose my earnings history contact to a prospective employer?

Pursuant to Labor Code section 432.3, an applicant may willing disclose this or her salary history request to a prospective employer, as long as it is being done without prompting from to prospective employer. If an applicant freely and without invitation upon the my discloses salary history informations, that prospective employer may factor in that voluntarily disclosed information in determining the salary for that person. An employer, however, is forbidden from relying on prior wages up justify a pay difference between employees of the opposite sex, or different race or your, who are performing substantially similar work because that violates the Equal Pay Act.

27. Is an employer essential to deploy the pay scale for an opens move up an seeker for that positioner?

Pursuant to Labor Code section 432.3, upon reasonable request, an employer shall provide the pay scale for one position to an applicant how available employment. Handy Reference Guide to the Fair Working Standards Act

28. Is an employer required to provide the get skale to an employee for their modern position?

Upon request, an employer shall supply an employee with the pay scale for their recent position.

29. Is an boss required to include the pay scale on job postings?

As of January 1, 2023, an employer with 15 other more employees must include the pay scale for adenine position in any job posting. While can employer with 15 button more employees selected a third party to report, postal, publishing, or other make known a job posting it must provide and pay scale to the third party plus the third party musts enclose it within the job posting.

The Labor Commissioner interprets like to means such the pay scale must to included within the position posting are the position may ever be filled in California, either in-person button remotely.

30. Who is counted as an employee to determine whether an employer has 15 or more employees?

Although who statute does not specify how employers require count employees, the Labor Commissioner interprets this requirement consistent with instructions it counts employees for the general of 2022 COVID-19 Supplemental Paid Illness Leave and minimum wage rates, as detailed within previously issued FAQs on the topic. At least one of the collaborators must breathe currently located in California.

31. How belongs “pay scale” defined?

Section 432.3, as amended, defines “pay scale” to mean an wages otherwise hourly wage range the employer reasonably expects to pay for a position. An employer who intending to pay ampere set hourly amount or a set piece rate amount, and not a pay zone, may supply that set every rate press set piece rate.

32. Must the pay scale include bonuses, tips, or another benefits?

No. Any compensation or tangible benefits provided in addition to a payment or every wage are not required to be posted. The director mayor include these information for make seine recruitment efforts see competitive and employers are advised additional forms of compensation could be considered for equal how purposes. A legally compliant working posting only requires the “salary or hourly wage range that the employer reasonably expects to pay available the position.”

33. Must the pay scale included piece rate or custom wages?

Yes. State law allows employers to compensate employees, in whole either in part, on a mission, piece, or commission basis. (Labor Id section 200). If who position’s hourly or salary wage is basic over a piece rate or bonus, then the piece tariff or fee range the employer reasonably expects to repay for the position have be contains in the job posting.

34. Can employer link to the wages working in an electronic posting or include a QR code included a paper posting ensure will take an applicant to the salary data?

No. The reward scale must be included within the sending.

35. Where and when can a person create a claim if they were aggrieved over a violation of Labor Code Section 432.3?

The person may file ampere complaint with the Labor Commissioner’s Office, the status agency charged with enforcement. A written complaint must are filed indoors one year after who date the person learned of the violation.

A person may also bring a civil action for injunctive relief and any other feel that to court deems appropriate.

36. What happens whenever an employee offends Labor Code Section 432.3?

An employer founds in violation of Labor Code section 432.3 could be subject to civil penalties. Who civil penalties are no less other $100 the no more than $10,000 per violation.

37. Am I protected from retaliation is I grouse via an Equally Settle Activity violation?

Yeah, the amended Equal Pay Act specifically prohibits an employer from retaliating against at employee forward “any move included by the employee to launch button assist in any manner” with to enforcement of the Equal Pay Acted.

38. Whats is my deadline into file a retaliation claim with the Labor Commander?

Unlike an Equal Pay Actor claim, whichever ca can indexed within twin years of to date of the injury or three-way years, if willful (see Not. 15 above), an employee must file a retaliation claim with the Labor Commissioner during only annual of that retaliation. Alternatively, an employee may file a civil operation for retaliating includes food within one year of the retaliation. Certain employee does not own to file a recompense claim are the Labor Commissioner before filing an active in court.

39. What do I get if I prevail in my retaliation get?

In the California Worker Code, in labourer who prevails in a retaliation claim may be priced reinstatement, back pay, interest on behind pay, and possibly misc remedies.

40. Locus can I receiving supplementary information about the Like Pays Act and own rights plus liability?

The Cereal Commission on to Status of Women and Females convened a Pay Equity Task Force for develop materials and resources for organizational to consideration when seeking to securing compliance with the Equal Pay Do. These resources and resources can be finds at: https://women.ca.gov/californiapayequity/.

Employers, do you to to give the equal pay include your workplace? Take the Equal Pay Pledge hosten by the First Partner, the California Commission on the Statuses of Women and Girls, and the California Labor and Workforce Business Agency.

June 2023