Every employee has the right to equal pay in each employment position regardless of gender, race, or ethnicity. Equal Pay Act violations more commonly happen when an employer pays a male more in salary than a female for the same work. Each year the Equal Pay Act is updated and revised affording more protections for employees to receive equal pay. If your employer is paying you less than another employee based on a difference in gender, race, or ethnicity, it is your legal right to consult with an attorney. Contact JML Law today in Long Beach at 818-610-8800 for a free case evaluation.
Equal Pay Act Violations And What You Should Know
Long Beach abides by California laws on equal pay. According to California’s Department of Industrial Relations, The Equal Pay Act (E.P.A.) states “An employer shall not pay any of its employees at wage rates less than the rates paid to employees of the opposite sex for substantially similar work when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions except where the employer demonstrates the wage differential is based upon one or more of the following factors:
- A seniority system.
- A merit system.
- A system that measures earnings by quantity or quality of production.
- A bona fide factor is other than sex, such as education, training, or experience. This factor shall apply only if the employer demonstrates that the factor is not based on or derived from a sex-based differential in compensation, is job-related with respect to the position in question, and is consistent with a business necessity.”
If an employee has the same education, experience, and training to perform the same work as another employee, they must receive equal pay. An employee is allowed to ask about the wages of other employees but an employer is not legally obligated to answer. The Department of Industrial Relations also stipulates that employees can inquire about and discuss the wages of their co-workers and retaliation from an employer for doing so is unlawful.
What To Do
A civil suit can be filed against an employer for each violation of The Equal Pay Act. There are, however, time limitations in which you can file a claim. A non-willful violation of The Equal Pay Act must be filed within two years and a willful violation must be filed within three years. A willful violation is a violation of intent, where the employer knowingly violated the act. A non-willful violation is due to the employer’s negligence, mistake, or misunderstanding of legal requirements. If you have found that your employer is violating The Equal Pay Act, take immediate legal counsel. These violations are unlawful and should not be allowed to continue. If your claim reaches a positive outcome, you could be entitled to remedies such as back-pay, reinstatement, and court costs. Contact JML Law offices in Long Beach today at 818-610-8800 or visit our website at jmllaw.com for a free case evaluation. Speak with one of our experienced and confidential Equal Pay attorneys who can advise you on what legal recourse you have at your disposal.
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