You work hard. You perform at a high level. But do you actually know whether you are being paid fairly?
For many California employees, the answer is no. Pay transparency and equal pay have become increasingly important issues in California employment law—and employees should understand the protections available to them.
California law gives employees significant rights when it comes to compensation. Employees may request the pay scale for their current position. Job applicants also have rights to pay-scale information, and employers generally cannot ask applicants about salary history. Employers with 15 or more employees must include pay scales in covered job postings.
But transparency is only part of the equation.
California’s Equal Pay Act generally prohibits employers from paying employees less than employees of another sex, race, or ethnicity for substantially similar work unless the employer can establish a lawful basis for the difference. Different job titles alone do not necessarily end the analysis.
That matters.
Employees should pay attention to potential warning signs: a surprising salary range in a new job posting; a coworker performing substantially similar work for significantly more money; or a sudden demotion, write-up, reduction in hours, or termination after an employee raises concerns about workplace practices.
Retaliation can create a separate legal issue. California law protects employees in numerous circumstances when they assert workplace rights,...
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