South San Francisco is home to a thriving technology and biotechnology sector, where workers can receive compensation through salaries, bonuses, stock options, and other incentives. When significant pay disparities emerge, workers have legal options for holding employers accountable. Understanding how tech and biotech workers in South San Francisco can prove an equal pay violation begins with identifying evidence that demonstrates unequal treatment.
What Qualifies as an Equal Pay Violation in California?
California’s Equal Pay Act generally requires employers to provide equal pay to employees of different sexes, races, or ethnicities who perform the same work. When comparing job roles, the effort, skill level, and responsibility required to perform a role are important considerations. Thus, employees do not need to have identical job titles or work at the same location to qualify for protection.
Differences in pay are not automatically unlawful. Employers can justify differences in pay by citing a system of seniority or another method that considers “bona fide” factors, such as training, education, or experience. These factors must satisfy requirements under state law. Bonuses, commissions, profit sharing, stock options, and other factors can be considered, along with wages.
Evidence Tech and Biotech Workers Can Use to Prove Unequal Pay
Professional, scientific, and technical services added roughly 7,500 jobs in the San Francisco metropolitan area between September 2019 and September 2024. Workers in these fields who seek to report unequal pay should gather evidence to support their claim.
A successful claim should be backed by evidence. Pay stubs, employment agreements, job descriptions, performance reviews, promotion records, emails, and other forms of documentation can provide numbers that show unequal pay. Anyone seeking compensation and other forms of relief can work with a South San Francisco Equal Pay Act lawyer to build a strong case that leads to fair remedies.
What Should You Do if You Discover an Equal Pay Disparity?
More than 25,000 people work for over 250 biotech companies in the city. In addition, life sciences employment has increased by 115% since 2017. This is one reason that South San Francisco is known as the birthplace of technology. Understanding the steps to take after noticing that pay is not equal can help you reclaim lost wages and other forms of compensation.
If you believe that you are being underpaid compared to colleagues performing similar work, you can start building an Equal Pay Act case by preserving pay records and other documentation. Bring the issue up with your employer or the appropriate department in your company. If they do not remedy the issue, or if they take hostile actions against you, you should hire an Equal Pay Act attorney to represent you moving forward.
Why Hire an Equal Pay Act Lawyer?
California’s latest pay data involves nearly 8 million workers at large private employers that employ at least 100 employees. However, recent data showed that significant gender and racial pay disparities continue across the state. For workers seeking compensation for past years of unequal pay, the decision to hire an Equal Pay Act lawyer should be a top priority.
An employment law attorney can provide support and assistance with the tasks listed below:
- Gather and preserve evidence of unequal compensation.
- Compare job duties, responsibilities, and working conditions.
- Identify employees performing similar work duties.
- Determine whether the employer has a lawful defense.
- Calculate unpaid wages and other financial losses.
- File an administrative complaint or civil claim.
- Negotiate for fair compensation and other available remedies.
With the support of a South San Francisco Equal Pay Act attorney, you can gain steadfast representation from an experienced legal advocate. A qualified attorney understands Equal Pay Act laws and how to carefully manage an Equal Pay Act case. They can negotiate a settlement, pursue an administrative complaint, or file a case in court so that you are fairly and fully compensated for the financial losses you have suffered due to your employer’s behavior.
FAQs
How Do You Prove Equal Pay Discrimination in California?
To prove equal pay discrimination in California, employees must show that they were paid a lesser amount than a co-worker of another race or sex who performs similar work. A discrimination claim examines the job roles to see how comparable their duties are based on effort, skill, and responsibility.
Claims should be backed by evidence in the form of performance reviews, employment records, job duties, and other documentation that shows the workers perform similar work.
Can Employees With Different Job Titles Still Have an Equal Pay Claim?
Yes, employees with different job titles can still have an equal pay claim in California. The Equal Pay Act focuses on the actual work performed rather than job titles. Employees may perform similar work under the same conditions, have the same skill or effort levels, and have responsibilities that are comparable to their co-workers but have different job titles. However, differences in titles should not affect these workers’ compensation and wages.
What Reasons Can an Employer Give for Paying Employees Different Amounts?
Employers may try to justify differences in pay by claiming that the disparity is grounded in a seniority system or another factor besides race or sex. Bona fide factors can include experience or training/education. The employer must show that the factors are reasonably applied and wholly account for the difference in pay. If the employer fails to demonstrate a genuine reason for the difference in pay, they may be liable for discrimination.
Do Bonuses and Stock Options Count When Comparing Employee Pay?
Yes, bonuses and stock options can count when comparing employee pay under California’s Equal Pay Act. The state defines wages/wage rates broadly. Wages include salary, bonuses, overtime, stock, profit sharing, holiday/vacation pay, and certain other types of compensation and benefits. This is especially important for technology and biotechnology workers whose total compensation may include substantial bonuses and incentives.
Protect Your Right to Equal Pay
Pay disparities can result in substantial financial losses for tech and biotech workers over the course of their careers. California law gives employees important protections when they receive unequal pay for substantially similar work. Valerian Law, P.C., has experience representing technology, STEM, and knowledge workers in complex employment disputes. Contact our employment law firm to discuss your potential Equal Pay Act violation case.
