Antioch Equal Pay Lawyer

Q: Can You Pay an Employee Two Different Hourly Rates in California?

Yes, you can pay an employee two different hourly rates. To do this, the two rates must be for separate types of work, meet minimum wage requirements, and be properly tracked so the employee receives the proper pay for both roles. An employer must be able to prove that the two hourly rates are not due to discrimination, but rather for legitimate differences in the employee’s two roles.

Equal Pay Attorney in Antioch, CA

Your pay should reflect your performance. Unfortunately, many employees are underpaid despite performing well, due to characteristics that may lead to pay discrimination. If you are being paid less than other employees due to an employer’s discrimination, a skilled Antioch equal pay lawyer can help you pursue compensation. Navigating these claims is essential, as knowing your rights under the Equal Pay Act is the first step toward securing the wages you have earned.

With almost 60 years of experience representing California workers, Valerian Law, P.C., is prepared to help with your equal pay case. Our attorneys possess a deep knowledge of equal pay laws and approach each case with a unique legal strategy. We know that filing an equal pay claim can be emotional and legally complex, and can help you navigate a claim with confidence.

Understanding The Equal Pay Act and California’s Fair Pay Act

The Equal Pay Act prohibits employers from paying employees different rates based on their sex. California’s Fair Pay Act builds upon this law to include race or ethnicity and provides additional protections for employees. Some common ways California employers can violate the Equal Pay Act include:

Paying two employees differently based on their sex, race, or ethnicity
Prohibiting employees from discussing or asking each other about their wages
Retaliating against employees for reporting wage inequality or filing a claim
Refusing to disclose the pay scale upon request for an employee’s current position or an applicant’s prospective position

Despite the Equal Pay Act, pay gaps still exist. Beyond unequal pay for two employees in the same position, discrimination can lead to certain employees struggling to promote or move to leadership positions. It is also important for workers to understand how equal pay and promotion intersect in California to identify systemic barriers in their workplace.

In California, 64% of all executives or senior managers are men, and 59% are white. Pay inequality has resulted in full-time working California women being paid 87 cents for every dollar a man is paid.

Compensation for an Equal Pay Claim

Compensation can help you recover any damages you sustained and make up for your experience. The amount recovered varies depending on your equal pay case, but an Antioch equal pay lawyer can negotiate for increased compensation. Some damages that can be included in a compensation claim include:

Backpay. The amount of wages or benefits that you should have received can be included in your compensation. A lawyer can calculate the difference between what you should have been paid and what you were paid, ensuring you recover lost wages.
Liquidate damages. If you are eligible to claim liquidated damages, an amount equal to your unpaid wages and benefits can be added to your compensation. By receiving liquidated damages, your compensation can double.
Orders for your employer to promote you. If you left a position due to pay inequality or were denied advancement, such as a promotion or raise, a lawyer can negotiate for your employer to reinstate you with fair pay, promote you, or correct unfair pay practices.
Emotional pain. Many people experience emotional distress when an employee does not pay them fairly. You may be able to receive compensation for this suffering if it impacts your life or career.
Punitive damages. Punitive damages may be included in your compensation if your employer was intentionally or knowingly violating the Equal Pay Act. These damages are meant to punish your employer and can greatly increase the amount of compensation you receive.

Why Hire a Antioch Equal Pay Lawyer

Equal pay cases are legally complex, as they require proof that pay discrepancies between employees were a result of the employees’ sex, race, or ethnicity, rather than factors like seniority or quality of work. An Antioch equal pay lawyer can gather witness testimonies, communication records between you and your employer, and other forms of evidence to prove that your employer violated the Equal Pay Act. Our team includes a reliable employment lawyer who can review your specific situation.

A lawyer’s guidance can reduce stress from filing a claim. While this process can leave you with concerns over your future employment, a lawyer can ensure you understand the legal process and can argue for increased compensation. Legal counsel can also help you learn how workers can stand together against wage theft through collective action.

FAQs

FAQS DISCLAIMER

The questions and answers presented in the FAQ are not intended to be exhaustive and do not constitute legal advice for your particular question, issue, or concern, nor does this FAQ create any attorney-client relationship or duty on our part to assist you. The information may help you think about your issues and ask the right questions if you choose to consult with an attorney.

Can You Pay an Employee Two Different Hourly Rates in California?

Yes, you can pay an employee two different hourly rates in California. To do this, the two rates must be for separate types of work, meet minimum wage requirements, and be properly tracked so the employee receives the proper pay for both roles. An employer must be able to prove that the two hourly rates are not due to discrimination, but rather for legitimate differences in the employee’s two roles.

What Are the Exceptions to the Equal Pay Act?

The Equal Pay Act has no exceptions based on protected characteristics like sex, gender, or race, but does allow for pay disparities based on other factors. Pay can vary between employees in the same position based on seniority, the employee’s merit, if earnings are measured by quantity or quality of production, or another performance-based metric like education or experience. For example, pay differences based on commissions or the number of sales are legal.

How Do You Know if You Are Being Paid Less Than Other Employees?

To know if you are being paid less than other employees, it helps to speak with coworkers. Researching market rates in your area can also give you an idea of whether you are being paid fairly. Speaking with a supervisor or HR department about your concerns may help address this issue, and you can hire an equal pay lawyer who can help investigate and file a claim.

Can You Be Asked About Your Salary History During an Interview?

No, you cannot be asked about your salary history during an interview. California’s Labor Code prohibits employers from asking questions about a job applicant’s past salary or benefits during an interview. Applicants can disclose this information voluntarily, though it is generally not recommended to prevent their past pay from being disclosed at a new job. Using salary history to determine pay and benefits is illegal.

Find an Experienced Equal Pay Lawyer Team in Antioch, CA

When you are not being paid fairly as a result of your employer’s discrimination or unfair business practices, it is common to feel stressed or alone. At Valerian Law, P.C., our lawyers know how challenging this process can be. Contact us today for a free consultation to learn how an Antioch equal pay attorney can help you seek justice.