Equal Pay Act and Fair Pay Act Attorneys in Fresno
Since January 1, 2016, employees in California also have the state’s Fair Pay Act in addition to the federal Equal Pay Act to ensure that wage disparities between males and females are outlawed. It is now both federal and state law that requires employers to pay the same wages for “substantially similar” work between men and women. “Substantially similar” work means that courts must review all of the factors such as job responsibilities, skills, effort, and conditions when they evaluate the wages and reasons for pay disparity. This also means that male and female employees do not have to have the same title or work in the same area.
Once we file a claim and lawsuit on your behalf, the burden shifts to the employer to show that the wage disparity and gap legally exists when the employees perform similar work due to reasons other than their gender. Allowed reasons for pay discrepancy include:
(2) Merit-based pay increases
(3) Quality or quantity of production
(4) Differential in education, training, and experience.
Importantly, the laws apply to both public and private employers. In addition, there is no exception in the federal law for employers that have less than 15 employees (which allows these smaller employers to get away with employment discrimination) or for exception from California law for employers with less than 5 employees in California (for employment discrimination cases in our state).
Employers may not have policies that prohibit employees from discussing their salaries with each other. Moreover, if your employer takes any action against you for filing a claim or a lawsuit under these laws, you may have action against the employer for retaliation. If you believe that there is pay disparity between genders in your company, contact our office at (877)789-9707 or complete the online form to discuss the issues with one of our Fresno based employment law attorneys. We will review your case, facts, and documentation during a thorough complimentary consultation, and assist you with the best strategy to follow.
Keep in mind that California’s Fair Pay Act permits successful plaintiffs to collect attorney’s fees and costs. In addition, most employment law cases in our office are handled on a contingency-fee basis. Please note that the laws follow a strict two year statute of limitation after you received the last payment from your employer. Therefore, to avoid being barred from filing a claim, please make sure to notify our office as soon as possible.
In addition, if you have been adversely affected by other employment related violations such as employment discrimination, harassment or retaliation, contact Fresno area employment lawyers who focus on the representation of executives and employees. To discuss your case and explain what we can do for you, speak to our Fresno based employment discrimination attorneys today for a free consultation at 877-789-9707.
93715, 93728, 93729
“I would like to thank you for your associate Ely for your kind help, support and extremely detailed insight into my case. Thank you for the referral and for your genuine personal approach to my situation. You have my deepest respect and admiration. He is my favorite lawyer ever yet so far.
– Yulia G.”
Stephen Danz & Associates-Fresno