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EQUAL PAY ACT S CODE

Effort refers to the amount of physical or mental exertion needed to perform the job. Skill refers to the experience, ability, education, and training required to perform the job. “Substantially similar work” refers to work that is mostly similar in skill, effort, responsibility, and performed under similar working conditions. What does “substantially similar work” mean? The amended Equal Pay Act prohibits an employer from paying any of its employees wage rates that are less than what it pays employees of the opposite sex, or of another race, or of another ethnicity for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions. What does the current California Equal Pay Act provide? These amendments are effective January 1, 2019. Most recently, on July 18, 2018, Governor Brown signed amendments clarifying section 432.3.

EQUAL PAY ACT S CODE

And Labor Code section 432.3 was enacted, also effective January 1, 2018, prohibiting employers, with one exception, from seeking applicants’ salary history information and requiring employers to supply pay scales upon the request of an applicant.

In addition, employers are prohibited from using prior salary to justify any sex-, race-, or ethnicity-based pay difference.Įffective January 1, 2018, the Equal Pay Act covers public employers. The provisions, protections, procedures, and remedies relating to race- or ethnicity-based claims are identical to the ones relating to sex. California law now prohibits an employer from paying its employees less than employees of the opposite sex, or of another race, or of another ethnicity for substantially similar work. Effective January 1, 2017, Governor Brown signed a bill that added race and ethnicity as protected categories. Each year since then has brought further amendments to the Equal Pay Act. Have there been more changes to the Equal Pay Act since January 1, 2016? These provisions were effective January 1, 2016.

Extending the number of years that employers must maintain wage and other employment-related records from two years to three years.ģ.

Explicitly stating that retaliation against employees who seek to enforce the law is illegal, and making it illegal for employers to prohibit employees from discussing or inquiring about their co-workers’ wages.

Ensuring that any legitimate factors relied upon by the employer for pay inequities are applied reasonably and account for the entire pay difference.

Making it more difficult for employers to justify inequities in pay through the “bona fide factor other than sex” defense.

Eliminating the requirement that the employees being compared work at the “same establishment.”.

Requiring equal pay for employees who perform “substantially similar work,” when viewed as a composite of skill, effort, and responsibility.

What were the most significant changes to the Equal Pay Act? However, in 2015, Governor Brown signed the California Fair Pay Act, which strengthened the Equal Pay Act in a number of ways and signaled California’s commitment to achieving real gender pay equity. No, for decades now, the California Equal Pay Act has prohibited an employer from paying its employees less than employees of the opposite sex for equal work. California Equal Pay Act (Labor Code section 1197.5) and Labor Code section 432.3 California Equal Pay Act: Frequently Asked Questions 1.