Section 1197.5

41 Analyses of this statute by attorneys

  1. California Amends Pay Equity Law, Providing Clarity for Employers

    Ogletree, Deakins, Nash, Smoak & Stewart, P.C.Charles Thompson, IVAugust 23, 2018

    California’s pay equity law has been amended to clarify certain ambiguities regarding proper interview questions, disclosure of pay scales, and the application of the law to existing employees. The California Fair Pay Act, codified at California Labor Code section 1197.5, saw significant amendments in 2015 and again in 2016. The Act provides that “an employer shall not pay any of its employee at wage rates less than the rates paid to employees of the opposite sex,” or another race or ethnicity, for equal work on equal jobs.

  2. New California Law Eases Employees’ Burdens in Proving Gender-Based Pay Claims and Creates Additional Protections for Employees to Discuss Their Wages

    Jackson Lewis P.C.Conor J. DaleOctober 7, 2015

    California’s Previous Equal Pay LawsCalifornia has a long history of prohibiting gender-based pay disparities. California Labor Code § 1197.5 prevents employers from paying an employee “at wage rates less than the rates paid to employees of the opposite sex in the same establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility…” To prove a claim under § 1197.5, an employee had to prove that a member of the opposite sex working “in the same establishment” earned more for equal work on jobs that require equal skill, effort, and responsibility; an employer could defend this practice by showing the pay difference was based on a factor unrelated to gender such as seniority.The California Legislature determined that this “statutory language makes it difficult to establish a successful” equal pay claim.

  3. Six Statutes for the New Year

    Liebert Cassidy WhitmoreErin KunzeJanuary 10, 2017

    In addition to complying with state law, be sure to consult local ordinances for appropriate restroom designations. Some cities, such as San Francisco, also have gender-neutral restroom requirements, which may include additional direction or recommendations for appropriate signage.Mind the Wage-Gap: Prior Salary Cannot be Used to Justify a Disparity in CompensationAs of 2016, California Labor Code section 1197.5 was amended to prohibit employers from paying an employee wage rates less than rates paid to employees of the opposite sex for “substantially similar work.” (Previously, the statute referred to “equal work.”

  4. Cert Denied In Potential Harbinger For California Equal Pay Act Class Actions

    Orrick, Herrington & Sutcliffe LLPErin ConnellSeptember 29, 2018

    On August 28, 2018, a judge in Los Angeles County Superior Court issued one of the first decisions – if not the first decision – on a motion to certify a putative class action under the state’s revised Equal Pay Act, Cal. Labor Code § 1197.5 (“EPA”). See Bridewell-Sledge, et al. v. Blue Cross of California, No.

  5. Cert Denied in Potential Harbinger for California Equal Pay Act Class Actions

    Orrick - Global Employment Law GroupErin ConnellSeptember 28, 2018

    On August 28, 2018, a judge in Los Angeles County Superior Court issued one of the first decisions – if not the first decision – on a motion to certify a putative class action under the state’s revised Equal Pay Act, Cal. Labor Code § 1197.5 (“EPA”). See Bridewell-Sledge, et al. v. Blue Cross of California, No.

  6. Federal Appeals Court Rejects Employer's Reliance on Employee's Salary History in Attempt to Defeat Equal Pay Claim

    Wilson Sonsini Goodrich & RosatiUlrico RosalesApril 14, 2018

    It allows an employer to rely on salary information to set compensation if the applicant provides such information voluntarily and without prompting.3 In addition, many states have their own versions of the Equal Pay Act. For example, California Labor Code Section 1197.5 (which had not been enacted in its current form when the Rizo dispute began) prohibits employers from paying "employees at wage rates less than the rates paid to employees of the opposite sex for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions." (emphasis added).4 As does its federal counterpart, Section 1197.

  7. 2016 California Employment Law Year In Review

    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.Brent DouglasMarch 9, 2017

    Before the CFPA, California, like the Federal government, already prohibited discrimination and disparate pay based on sex through the California Fair Employment and Housing Act. However the CFPA, which amends California Labor Code section 1197.5, took those prohibitions even further. It seeks to address the gender wage gap by modifying existing laws in nine key ways: Establishes “substantially similar” standard rather than “equal work”; Eliminates “same establishment” standard; Explicitly prohibits employers from basing a wage differential on race or ethnicity pursuant to Senate Bill 1063 Shifts the burden to employers to show the factors they reasonably relied uponto setwageswere based on“business necessity”; Prohibits employers from restricting employee disclosure of wages, inquiring about others’ wages, or discussing others’ wages; Requires that employers maintain information on skill, effort, responsibility and working conditions for a period of three years; Prohibits employers from justifying wage differentials based solely on individuals’ past earning history; Authorizes employees to bring a civil action against employers for violations; and Prohibits employers from firing or otherwise retaliating agai

  8. Spring Cleaning – Have You Reviewed Your Personnel Rules Lately?

    Liebert Cassidy WhitmoreMelanie ChaneyFebruary 28, 2017

    Do you have a plan for updating as necessary each year as the minimum wage continues to increase to $15 over the next several years and becomes adjusted annually after that? Minding the wage-gapWe have also reported on recent changes to Labor Code section 1197.5. In 2016, California Labor Code section 1197.5 was amended to prohibit wage differentials based on sex. Effective January 1, 2017, Section 1197.5 was amended also to prohibit wage differentials based on race or ethnicity. This means the Labor Code now prohibits employers from paying an employee a wage rate less than the rates paid to employees of the opposite sex, or of a different race or ethnicity, for substantially similar work, when considering skill, effort, and responsibility, which is performed under similar working conditions.

  9. Twice in Two Years: California Expands the Fair Pay Act for the Second Consecutive Year

    Ogletree, Deakins, Nash, Smoak & Stewart, P.C.Sarah NicholsDecember 7, 2016

    Employers seeking to reduce legal risk amid the growing pay equity movement should take note.Race and Ethnicity Now IncludedSenate Bill 1063 extends FPA protections to prevent race- and ethnicity-based disparities in pay. Specifically, the law—known as the Wage Equality Act of 2016—adds language to California Labor Code Section 1197.5 prohibiting an employer from paying “wage rates less than the rates paid to employees of another race or ethnicity for substantially similar work.” Previously, the law only contained such protections based on gender.

  10. New California Labor and Employment Laws for 2016

    Holland & Knight, LLPLinda Auerbach AllderdiceDecember 31, 2015

    Each become effective on Jan. 1, 2016, unless otherwise stated. This Alert highlights the following select, significant new laws in further detail below: MW-2014 – IWC Minimum Wage Order – Raises minimum wage to $10 per hour AB 1506 – Labor Code Private Attorneys General Act of 2004 – Permits employers to cure itemized wage statement violations SB 588 – California Labor Commissioner – Judgment enforcement AB 970 – California Labor Commissioner – Enforcement of employee claims SB 358 – California Labor Code section 1197.5 amended to address gender pay inequality AB 1513 – Modification of workers’ compensation and piece rate compensation rules SB 501 – New wage garnishment restrictions AB 304 – Amendments to the Healthy Workplaces, Healthy Families Act of 2014 SB 579 – New protections for employees taking time off for child care and kin care SB 667 – Changes to disability insurance eligibility and waiting time periods AB 622 – Employer restrictions for use of federal E-Verify system AB 987 – California FEHA amendment – Expands protections to employees requesting an accommodation AB 1509 – Discrimination/retaliation protections extended to an employee who is a family member of employee engaging in protected activity AB 359 and AB 897 – New protections for grocery employees AB 202 – Cheerleaders of California’s professional sports teams deemed employees, not independent contractors AB 621 – Amnesty program regarding motor carrier’s classification of truck drivers as independent contr