Fremont Equal Pay Lawyer

About Valerian Law, P.C.

Clients are at the heart of every case our lawyers handle. We believe our clients should be involved in their legal matters and understand their options. Our attorneys prioritize empathy, inclusivity, accessibility, accountability, and teamwork at every phase of a case. 

We tailor our strategy to the needs of each client, communicate clearly about developments in their case, and partner with clients so they know their options and can make informed decisions about how to proceed. Whether you are considering bringing a wage claim against your employer or learning about your legal rights in response to an employer’s actions, our team is here to provide practical legal advice.

Local Considerations

Fremont, located in Alameda County, is close to Interstate 880, Interstate 680, and State Route 84. Many Fremont employees work near their homes in neighboring communities, and commutes span across Alameda and Santa Clara Counties. Workers near the Tesla Fremont Factory, Pacific Commons Shopping Center, and Mission Peak Regional Preserve may work in retail, landscaping, manufacturing, warehouse jobs, and more.

Many employment claims are resolved through California’s legal system. Employers based in Fremont and nearby cities may be subject to the jurisdiction of California courts. The Hayward Hall of Justice, 24405 Amador Street, Hayward, CA 94544, serves numerous civil cases in Alameda County.

California Equal Pay Laws

California employers are bound by some of the strongest employee wage protections in the United States. California’s basic equal pay law is known as the California Equal Pay Act (California Labor Code § 1197.5). 

This law states that employers cannot pay employees of one sex, race, or ethnicity less than employees of a different sex, race, or ethnicity if they perform substantially similar work when compared as a whole for skill, effort, and responsibility under similar working conditions.

California’s equal pay law does not require employees to compare their job title to another employee’s job title. Rather, employees can compare different job positions if their core job duties are substantially similar. Workers may also be protected under federal civil rights laws if unequal pay is the result of a prohibited employment action based on a protected characteristic.

Common Situations That May Lead to Equal Pay Law Cases

Pay differences are not automatically illegal. An employer may pay different wages to employees of different sexes, races, and ethnicities when the difference is due to a seniority system, merit system, or production-based system. Essentially, if the reason for pay disparity is related to the job and not the employee themselves, it may be considered legal. However, some situations that may lead to equal pay cases include:

• Employees who perform substantially similar work but are paid different wages without a legitimate business reason

• Pay differences that seem to result from the sex, race, or ethnicity of an employee

• Starting wages that are lower than those of coworkers but do not increase over time despite having similar qualifications

• Difference in bonuses, commissions, overtime rates, or other compensation when workers have substantially similar job duties

• Retaliation after questioning an employer about wages or inquiring about equal pay opportunities

Every workplace is unique. You should consult with an attorney if you believe your wages have been unfairly reduced or if you have been retaliated against by an employer. A Fremont equal pay attorney can review your employment records, job duties, and pay history.

Hire an Equal Pay Lawyer

When you hire an equal pay lawyer, you benefit from a legal professional who can investigate your employer’s actions and wages. An attorney can review your pay records, analyze job duties, research the employer’s reason for paying different wages, and collect evidence for your claim. They can also file a legal claim on your behalf.