Governor, Jerry Brown, signed the California Fair Pay Act (SB 358) on October 6, 2015. The new law took effect at the beginning of 2016. The bill is aimed at ensuring equal pay for women in the workplace. It strengthens existing law by getting rid of loopholes that prevent enforcement. It also empowers employees to talk about equal pay without fearing retaliation.
Historically there has been much effort to establish equality in pay between men and women. It is estimated that women, in 2013, working full-time, earned only 84% of what men earned for the same work. For minority groups, the numbers are even lower. Part of the problem was that the inequality in pay was not discoverable to many women workers. This is due to secrecy in wages and salaries in the workplace.
The Fair Pay Act helps eliminate Californiaâ€™s wage gap between genders in the followings ways:
- Mandating equal pay for work that is substantially similar
- Elimination of the â€œsame establishmentâ€ requirement
- Replaces the â€œbona fide factorâ€ defense and replaces it with specific affirmative defenses
- Clarifies burdens of proof under CA EPA
- Prohibiting employer retaliation for discussing or disclosing wages and salaries
If you believe that you are the victim of wage discrimination you need to speak with an employment lawyer as soon as possible. You deserve equal pay. By consulting an attorney that is experienced in wage discrimination, you can be sure that your claim is fully investigated and resolved fairly and justly. It is best to consult with an employment lawyer who focuses on discrimination in the workplace.
At Aiman-Smith & Marcy, our practice is dedicated to upholding your rights against sex discrimination or harassment in the workplace. If you have been a victim of wage discrimination, please call us at 510-817-2711 or contact us online for a free consultation with one of our attorneys, Randall Aiman-Smith, Reed Marcy or Hallie Von Rock. Our office is located near the Oakland Coliseum off Highway 880, 66th Avenue exit. We welcome the opportunity to review and discuss your legal concerns.