Here at the Law Office of Jeffrey D. Fulton in California, we represent numerous workers whose employers have committed wage and/or hour violations against them, depriving them of money they rightfully earned. Some of the protections we like to advise our clients of are those provided by the California Fair Pay Act.
California’s Department of Industrial Relations explains that the CFPA prevents your employer from discriminating against you on the basis of gender, race or ethnicity when it comes to your salary or wages. Furthermore, you employer cannot retaliate against you if and when you ask other employees questions about the salary or wage they receive.
Substantially similar work
Basically, your employer must pay you the same salary or wage as other employees who do substantially similar work. The following four criteria determine who those employees are:
- Those who have the same skill as you, i.e., the same level of education, training, experience and ability
- Those who put forth the same effort as you, i.e., the same amount of mental and/or physical energy in order to do a similar job
- Those who have the same level of responsibility as you, i.e., the same level of accountability and/or the same or a similar number of duties
- Those who work under the same or similar conditions as you do, i.e., the same physical surroundings, including such things as temperature, ventilation, etc.
Proving a California Fair Pay Act claim
If you wish to sue your employer under the California Fair Pay Act, be aware that you will need to prove by clear and convincing evidence that (s)he paid you less than (s)he paid coworkers who performed substantially similar work, but whose gender, race or ethnicity are different from yours.
For more information, please visit this page of our website.