According to the California Equal Pay Act (EPA), an employer cannot refrain from paying an employee less than others of the opposite sex, race, or due to ethnicity for equal work, where the skills, responsibility, and efforts put have been subjected to the same working conditions. Discrimination based on unequal pay has continued to be an issue among employees in California. If you believe in having been subjected to discrimination based on unequal pay, you may be entitled to compensation.
Understanding Equal Pay Act
Though EPA requires that employers pay employees at the same rate, the Act doesn?t require that these workers get the same compensation. For instance, a worker who is more productive than others may earn more. Paying more to this employee doesn?t violate the Equal Pay Act. This brings about the question of what is equal work or substantially similar work. This refers to work requiring the same skills, responsibility, and effort under similar working conditions. Expounded further:
- Skills mean having the same qualifications, experience, and the ability to perform the work.
- Responsibility being accountable for the job allocated.
- Effort being the mental or physical exertion required to perform the duties.
- While working conditions refers to employees having to work under the same physical surroundings.
Some differences occur when two tasks are the same, but one has added responsibilities. As such, an employer has a right to pay a worker more for the extra responsibility. The Equal Pay Act covers almost every employee. If workers do equal work, they get the same employment benefits. They also should be allowed to use the company equipment equally. The pay is not only related to wages but to overtime, leave, promotion, or any other employment related benefits. If you think you have a claim, you can hire job discrimination lawyer to assess and give legal advice.
The Burden Of Proof
It?s upon you as the employee to prove your equal pay claim. You have to prove to the court that you received less pay than other employees of the opposite sex or another ethnicity performing equal work. The job title need not be the same, but what is compared is whether the work being performed is substantially similar. If you succeed in your claim, you can be sure of getting:
- Equality in terms of your contract
- Payback
After you prove that, your employer must show that there is a legitimate reason why there is a pay difference. Your claim may be denied if your employer proves that there is a difference in pay due to:
- Measure of productivity
- Unequal pay based on seniority or merit
- A bonafide factor that excludes sex, race, and ethnicity. This need has to consist of the business’s necessity, or the factor must be job-related such as training or education.
Any wage difference has to be justified by the above.
How Do I File A Claim?
When it comes to California Equal Pay Act violations, employees have a right to go directly to filing a lawsuit. In fact, one may not be required to file an EEOC charge before. However, one may require legal representation to ensure they file their claim within the time limit. A worker has only two years to file a claim after the alleged unlawful act. In a case where the employer was aware of the unlawful pay, an employee should file the claim within three years. Also, an employee can also file a claim with the California Department of Fair Employment and Housing, but action will depend on their claim’s nature. In such a case, an employment lawyer can advise accordingly. There are exceptions to the time limit which may be affected if as a worker:
- You have suffered from incapacity
- Your employment contract has a fundamental change
- You are in the armed forces
- You have many contracts
- Your employer deliberately conceals the pay inequality
In some cases, employers retaliate against employees because of complaints about violations of EPA. It?s also unlawful to retaliate against an employee who receives information about their pay, especially when they belong to a protected class. If this happens, you can also file a claim and get your back pay, any interest presumed on the back pay, together with other possible remedies.
It?s your responsibility as an employee to bring up your claim if you think your employer has violated the law. Even when you think it may be too late to bring up the claim, it?s possible to bring up a breach of contract claim. But if you are unsure of how to file your claim on time, it?s better to seek legal advice. An employment lawyer can align your claim with the federal and state laws, such as analyzing hiring or firing patterns as well as determining how your employer has complied with the wage and hour laws.
As the editor of the blog, She curate insightful content that sparks curiosity and fosters learning. With a passion for storytelling and a keen eye for detail, she strive to bring diverse perspectives and engaging narratives to readers, ensuring every piece informs, inspires, and enriches.
