By Matthew A. Kaufman, Esq. 1-818-990-1999
California Labor Code 1197.5 prohibits making payment of wages
at rates less than the rates paid to employees of the opposite
sex in the same establishment illegal when the job performance
requires equal skill, effort, and responsibility, and which is
performed under similar working conditions. This California law
is patterned on a similar federal law.
However, different pay rates are permitted where the different
rates arise under a seniority system, a merit system, a system
which measures earnings by quantity or quality of production, or
a differential based on any bona fide factor other than sex. (Labor
Code 1197.5(a)). As a result, in equal pay cases, the focus is
on qualifications and work of the employee and the better paid
employee or employees. The greater the pay disparities shown by
the employee, the greater the justification that will be required
from the employer.
Different pay for labor is permitted where there is materially
different work. To compare rates of pay, the two employees must
be equal as to skill, effort and responsibility and must work under
similar working conditions.
Damages for violation of this provision include not only the recovery
of any wages lost as a result of the discrimination together with
interest on those lost wages, but also liquidated damages in a
like amount. Attorney's fees may be recovered in a private action
to enforce this section. (Labor Code 1197.5(g)).
