Equal Pay Attorney
Introduction to Equal Pay
Equal pay is more than just a fair workplace principle — it’s a legal right protected by both California and federal law. Under the California Equal Pay Act, employers must provide equal compensation to employees who perform substantially similar work, regardless of gender, race, or ethnicity. “Substantially similar work” means jobs requiring comparable skill, effort, and responsibility performed under similar working conditions. This ensures that pay is determined by merit and performance, not by bias or outdated stereotypes.
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Wage Discrimination Is Illegal
Wage discrimination and employment discrimination occur when an employee is paid less than how much other employees receive for doing similar work because of a protected characteristic such as gender, race, or ethnicity. Such disparities violate the California Equal Pay Act, the federal Equal Pay Act of 1963, and Title VII of the Civil Rights Act, making it crucial to consult an employment attorney. We will offer you legal protection. Despite these efforts, many workers still face hidden pay gaps due to unequal raises, bonus structures, or starting salaries. These injustices can affect lifetime earnings, retirement security, and career growth.
Equal Pay Attorneys Protect Your Rights
An experienced equal pay attorney and other employment attorneys play a vital role in protecting workers’ rights by identifying pay inequities, gathering evidence, and holding employers accountable. Legal counsel can help employees recover lost wages, secure fair compensation, other employee wages, and prevent future discrimination.
ARCH Legal’s equal pay lawyers are dedicated to standing up for employees who experience hourly wage disparities or unfair pay practices. Our team, including California employment attorneys, is committed to achieving justice through strategic legal advocacy, empowering workers to demand the equality and respect they rightfully deserve.
Understanding the California Equal Pay Act
The California Equal Pay Act under the California Labor Code is one of the strongest wage protection laws in America, ensuring that employees receive equal pay for substantially similar work. This means that workers performing comparable duties that require similar skill, effort, and responsibility under similar working conditions must be compensated equally, regardless of gender, race, or ethnicity.
The state law looks beyond job titles — what matters is the actual work performed. Employers must be able to justify any pay differences based on legitimate factors such as seniority, merit, education, experience, measurable productivity, and overtime pay.
The Act Applies to All Industries, Full, Part-Time, and Temp Workers
Importantly, the Act applies across all industries and covers full-time, part-time, and temporary employees. Whether someone works in manufacturing, healthcare, technology, or retail, the same fair-pay standards apply. Employers cannot use a worker’s job classification or employment status to skirt pay equality requirements. Every employee in California, including exempt employees, is entitled to fair and equal compensation for comparable work.
Employers Cannot Cite Prior Salary History to Underpay
The law also prohibits employers from relying on prior salary history to justify unequal pay. This rule helps prevent the perpetuation of historical wage gaps that often disadvantage women and people of color. Employers must base pay decisions on legitimate, current, and job-related factors—not past earnings.
An experienced equal pay lawyer from ARCH Legal can help employees uncover potential violations by comparing job duties, reviewing payroll data, and identifying unjustified disparities. They can also guide workers through filing claims, negotiating settlements, or pursuing litigation when necessary. Through skilled legal advocacy provided by employment and labor attorneys , employees can seek justice, recover lost wages, and promote fair pay in the workplace.
Filing an Equal Pay Act Claim
Filing an Equal Pay Act claim is a critical step toward achieving pay fairness and accountability. In California, employees can pursue claims through the California Labor Commissioner’s Office (Division of Labor Standards Enforcement) or under federal law with the U.S. Equal Employment Opportunity Commission (EEOC).
Submit a Formal Complaint
The process typically begins by submitting a formal complaint that details the suspected pay disparity, identifies comparable employees, and explains how your compensation differs despite performing substantially similar work. Both state and federal agencies investigate claims, request documentation, and may conduct interviews or audits to determine whether a violation occurred.
Supporting Evidence Is Critical
To build a strong case, it’s essential to gather supporting evidence. Common documentation includes pay stubs, wage records, employment contracts, job descriptions, performance evaluations, and communications related to pay or promotions.
Evidence showing that employees of different genders, races, or ethnicities perform similar duties but receive higher wage and hour rates can be especially powerful. An experienced equal pay attorney can help identify additional evidence — such as internal pay data or witness testimony — that strengthens your claim. You could be entitled to unpaid wages if you have been subjected to unfair treatment and your claim is successful.
Workers Are Protected from Retaliation
Employees are legally protected from retaliation for asserting their right to equal pay. State and federal law prohibit employers from demoting, firing, disciplining, harassing, or otherwise penalizing workers who file complaints, assist in investigations, or discuss wages with coworkers. If retaliation occurs, employees have the right to file a separate complaint or lawsuit seeking reinstatement, back pay, and other damages.
Our Equal Pay Lawyers Will Fight for Your Rights
Our equal pay lawyers at ARCH Legal stand firmly with employees who experience wage discrimination or retaliation. Our Equal Pay Attorneys provide comprehensive support — from assessing whether a claim exists, to filing complaints, negotiating settlements, or litigating in court when necessary. Our employment lawyers ensure your rights are protected at every stage of the process and fight to secure the fair, lawful compensation you deserve under California labor law.
Employee Rights and Employer Obligations
The California Equal Pay Act states that employees have powerful rights designed to promote transparency and fairness in the workplace. Every worker —regardless of gender, race, or ethnicity — is entitled to equal pay for substantially similar work, meaning jobs requiring comparable skill, effort, and responsibility under similar conditions must be compensated equally.
Employees also have the right to request and receive pay scale information for their position in the same establishment, ensuring transparency in compensation decisions. Additionally, workers are protected from retaliation for discussing wages, filing complaints, or participating in investigations related to pay equity. Employers who violate these rights, particularly those affecting female employees, can face significant legal and financial penalties.
Employers Have Legal Obligations Under the Act
Employers, in turn, have clear legal obligations under state and federal law. They must maintain accurate wage and job records for all employees, provide pay scales upon request, and ensure that all pay practices are non-discriminatory. Compensation decisions must be based on legitimate, job-related factors such as experience, education, performance, or seniority — not on gender, race, or other protected characteristics. Employers are also prohibited from asking applicants about prior salary history, a safeguard that prevents the continuation of past pay inequities.
Equal Pay Lawsuits Can Result When the Act Isn’t Followed
Common mistakes that lead to equal pay lawsuits from employees wage rates include inconsistent recordkeeping, reliance on job titles rather than actual duties, use of prior salary as a pay basis, or failure to justify wage differences with lawful factors. Even unintentional errors can result in costly violations and damage to the company’s reputation.
We Hold Employers Accountable for Wage Discrimination
ARCH Legal’s equal pay attorneys help employees hold employers accountable for wage discrimination and unlawful pay practices. Our equal pay lawyers also address wrongful termination and workplace harassment, pursuing legal remedies as they investigate pay structures, identify inequities, and take strategic action to recover lost wages and secure fair treatment. Through advocacy and experience, ARCH Legal ensures employees receive the compensation and workplace respect they rightfully deserve.
Contact ARCH Legal Today
Equal pay for equal work is not just a goal — it’s your fundamental workplace right protected by state or federal law. Under the California Equal Pay Act, every employee is entitled to equal compensation for substantially similar work, regardless of gender, race, or ethnicity. Employers must ensure that pay decisions are based on legitimate, job-related factors, not bias or discrimination. You can pursue compensation if your rights are violated.
ARCH Legal is committed to helping employees stand up for their rights and demand fair treatment. Our experienced equal pay attorneys investigate pay disparities, challenge unlawful practices, and fight for the wages and respect you deserve. Don’t let pay inequity go unaddressed — contact ARCH Legal today for a free consultation and take the first step toward achieving workplace equality.
Why You Should Work With ARCH Legal on Your Equal Pay Case
Understanding the complexities of California employment law can be overwhelming, especially when you suspect your employer fails to treat you fairly. Equal pay cases require a deep understanding of both California labor statutes and federal wage protections, as well as the ability to analyze compensation structures, performance metrics, and workplace practices.
Without skilled legal guidance, aggrieved employees risk missing crucial filing deadlines, overlooking key evidence, or accepting inadequate settlements. That’s why having a dedicated equal pay attorney is essential to protecting your rights and ensuring fair treatment.
Our Equal Pay Lawyers Will Build a Robust Case
An experienced equal pay lawyer plays a vital role in building a strong, evidence-based case for male and female employees who may have been discriminated against. ARCH Legal’s attorneys thoroughly analyze payroll data, job descriptions, performance reviews, and company policies to uncover pay disparities. We work strategically to demonstrate that any wage differences are not justified by legitimate factors such as seniority or merit. From negotiating with employers and mediating disputes to litigating in court when necessary, we fight to secure maximum recovery for our clients, including back pay, penalties, and damages for emotional distress.
We Have Vast Employment Law Experience
ARCH Legal brings extensive experience in fair employment law, workplace discrimination, and retaliation claims. We understand the tactics employers use to conceal pay inequities and the emotional toll these injustices can cause. Our legal team combines strong advocacy with compassionate client care, ensuring every worker feels heard, protected, and empowered throughout the process.
Our Equal Pay Lawyers Will Detail Your Legal Options
If you believe you’ve experienced wage discrimination, don’t face it alone. Contact us for legal representation and a confidential consultation. We’ll review your situation, explain your legal options, and outline the best path forward. With our experience and commitment to fairness, ARCH Legal stands ready to help you achieve the justice and compensation you rightfully deserve.
Frequently Asked Questions
How do I know if I’m being paid unfairly compared to coworkers?
You might be paid unfairly if coworkers doing substantially similar work under similar conditions earn more. Compare job duties, skills, experience, and responsibilities — not just job titles. Look for pay disparities based on gender, race, or other protected traits. Clues include patterns in raises, bonuses, or promotions.
You can check publicly posted salary ranges, discuss pay with colleagues (protected by law), or use online salary databases. Reviewing your company’s pay policies or requesting a pay audit can help identify discrepancies. If disparities appear unjustified by seniority, merit, or production, you may have grounds to raise concerns.
Can my employer pay me less because of my gender?
No. Under the federal Equal Pay Act and the California Equal Pay Act, employers cannot pay workers less because of gender when they perform substantially similar work. Pay differences must be based on legitimate factors like seniority, merit, quantity or quality of production, or another job-related reason. It’s illegal to justify lower pay solely due to gender or to base wages on previous salary history.
What damages can I recover in an equal pay case?
If you win an equal pay case, you can recover the pay difference (“back pay”) between what you earned and what comparable coworkers received. You may also recover an equal amount as liquidated damages—essentially doubling your lost wages—as well as interest. In some cases, courts award compensatory damages for emotional distress, punitive damages for willful violations, and attorney’s fees and costs. Under California law, you may also seek reinstatement or pay adjustments to correct ongoing discrimination.
Can I be retaliated against for filing an equal pay complaint?
No. Both federal and California laws strictly prohibit retaliation for asserting your right to equal pay. Your employer cannot fire, demote, harass, or otherwise penalize you for discussing wages, filing a complaint, or participating in an investigation. Protected activities include asking about pay differences, requesting records, or helping others pursue claims. If retaliation occurs, you can file a complaint with the Labor Commissioner or the EEOC. Remedies may include reinstatement, back pay, and additional damages.
Does the California Equal Pay Act cover race and ethnicity-based wage differences?
Yes. Since 2017, California expanded its Equal Pay Act to prohibit wage discrimination based not only on gender but also on race and ethnicity. Employers must pay employees equally for substantially similar work, regardless of race or ethnicity, unless differences are justified by seniority, merit, productivity, or other bona fide factors. This means that pay disparities between employees of different racial or ethnic groups performing comparable jobs are unlawful unless justified by legitimate reasons.
What are common examples of wage discrimination in workplaces?
Common examples include paying women or people of color less than others for similar work, offering smaller raises or bonuses despite equal performance, or assigning lower-paying job titles for identical duties. Other signs include inconsistent starting salaries, unequal access to promotions, or basing pay on previous salary history, which can perpetuate past discrimination. Wage discrimination also appears when certain groups are concentrated in lower-paying departments or shifts.
Does equal pay law apply to both salaried and hourly employees?
Yes. Equal pay laws protect all employees, whether paid hourly, salaried, or by commission. What matters is that employees perform substantially similar work requiring comparable skill, effort, and responsibility under similar conditions. Employers must provide equal compensation — wages, bonuses, benefits, and other forms of pay — regardless of pay structure. Both the federal Equal Pay Act and California Equal Pay Act cover full-time, part-time, and temporary workers.
Can I compare my pay to employees at different locations of the same company?
Yes, under California’s Equal Pay Act, comparisons aren’t limited to the same physical location. You can compare your pay to employees at different worksites if they perform substantially similar work under similar conditions for the same employer. This recognizes that companies often standardize roles across locations. However, legitimate geographic pay differences (like cost-of-living adjustments) may justify disparities if applied consistently.
What should I do if I suspect pay discrimination but don’t have proof yet?
Start by gathering information—review your job description, performance records, and any available pay data. Discuss wages with trusted coworkers; such conversations are legally protected. Document any evidence of unequal treatment, such as emails, evaluations, or pay policies. You can request your employer’s pay transparency data or consult HR for clarification. If concerns persist, file a confidential inquiry or complaint with the California Labor Commissioner or EEOC.
Are employers required to disclose salary ranges to employees or job applicants?
Yes. Under California’s pay transparency law (effective 2023), employers with 15 or more employees must include pay ranges in job postings. Additionally, any employee may request the pay scale for their current position, and employers must provide it upon request. These requirements aim to promote fairness and help identify wage disparities. Employers must also maintain records of job titles and wage rates to support compliance.
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Find The Right Attorney For Your Case
Contact ARCH Legal today to speak with an experienced employment law attorney dedicated to protecting your workplace rights. Whether you’re facing discrimination, retaliation, or wage violations, our team is ready to help. Call, email, or schedule a free consultation to discuss your case and explore your legal options.
