Vallejo, California – Employment Attorneys
Federal and state laws prohibit discrimination in the workplace against employees based on their protected classes such as race, sex, natural origin, religion, ethnicity, color, disability, pregnancy and age. Companies and employers may not discriminate against any applicant or employee when hiring, firing, paying, assigning work, training, promoting, laying off, providing benefits, or any other work-related conditions. When you speak with an experienced and knowledgeable attorney, he or she should be able to recite to you exactly which laws apply to your case. In recent years, we have assisted more and more employees throughout California in cases involving gender and pregnancy. Although women have made strides at work in regard to their compensation, they are still being discriminated against for their gender and when they get pregnant. Below we provide some recent questions asked by clients. We hope you find the information helpful. Call us or complete the in-take form if you would like someone to follow up with you. We offer complimentary and confidential consultations.
What are Exhaustion Requirement before a California Employee may File an Action Under the Equal Pay Act?
Under the California Equal Pay Act, an aggrieved employee is not required to first exhaust his or her claim with the Division of Labor Standards Enforcement. However, an employee waives his or her private right of action under the California Equal Pay Act if he or she has consented to an action brought by the Division of Labor Standards Enforcement unless the action has been dismissed without prejudice by the Division or if the suit has not been determined within 180 days of the filing of the complaint. Cal. Lab. Code § 1197.5(f); Cal. Lab. Code § 1197.5(g).
What is the Time Limit (or Statute of Limitations) for filing an Action under the Equal Pay Act?
A civil action to recover wages under the California Equal Pay Act must be commenced no later than two years after the cause of action occurs unless the cause of action arises out of a willful violation, then it may be commenced no later than three years after the cause of action occurs. Cal. Lab. Code § 1197.5(h); Cal. Lab. Code § 1197.5(g). An employee may file a California Equal Pay Act discrimination or retaliation claim no later than one year after the cause of action occurs. (Cal. Lab. Code § 1197.5(j)(3); Cal. Lab. Code § 1197.5(k)(3).)
California Equal Pay Act Cases
Under the California Equal Pay Act, employees must be paid at the same rate as employees of the opposite sex or another race or ethnicity for substantially similar work. Employers may not discharge or discriminate or retaliate against any employee for invoking rights under or assisting enforcement of the California Equal Pay Act. An employee may file a civil action for violation of this prohibition and obtain reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, including interest thereon, as well as appropriate equitable relief.
The California Equal Pay Act specifically prohibits employers from preventing employees from disclosing their wages, discussing wages, inquiring about another employee’s wages, or aiding or encouraging any other employee to exercise his or her rights under the act. Our labor attorneys frequently speak about and assist clients with Equal Pay Act questions.
Stephen Danz and Associates’ Vallejo, California employment attorneys handle cases on behalf of local employees who have experienced discrimination, wrongful termination, sexual harassment, unequal pay, and retaliation and their employment rights were violated. Our experienced and dedicated attorneys understand the client needs to protect his or her rights and income as well as the ability to continue to work. When you trust us with your case, we represent you and your interests with confidence and transparency. Our reputation speaks for itself as we tirelessly work to represent your employment interests so that your professional and financial futures are protected.
We devote our practice to fighting for workers’ rights. Employment law in California is a specialized area and cases are hard-fought. If you are in Vallejo, California and searching for attorneys that are both experienced and aggressive, look no further and contact our office. When encountering discrimination, wrongful termination, or retaliation in the workplace, many California employees have turned to our offices for guidance. In turn, we represent employees throughout California in their fight against employers that have taken advantage of their upper hand. Our attorneys cover cities in Northern California and Southern California as the State’s courts are as specialized and diverse as the State’s landscape.