Effective January 1, 2017, Governor Brown signed a bill that added race and ethnicity as protected categories. California law now prohibits an employer from paying its employees less than employees of the opposite sex , or of another race, or of another ethnicity for substantially similar work.
Can my employer pay me less than my colleagues?
The Equal Pay Act doesn’t allow your employer to pay you less than a coworker doing a similar job . Congress passed the EPA in 1963, mostly to ensure that women earn the same pay rates as men doing similar work. However, the law protects both genders.
Can your employer pay you less than other employees?
Your employer can’t pay you less than the federal minimum wage under the Fair Labor Standards Act . ... The FLSA doesn’t set wages or decide whether rates are unfair between you and your coworkers, but it does bar your employer from paying you below a certain amount or not paying overtime if you qualify.
Can 2 employees doing the same job be paid differently?
Effective January 1, 2017, Governor Brown signed a bill that added race and ethnicity as protected categories. California law now prohibits an employer from paying its employees less than employees of the opposite sex , or of another race, or of another ethnicity for substantially similar work.
What are my rights as an employee?
While federal employment laws set the minimum requirements that your employer must follow, California gives you many additional rights and benefits under state law. California employees enjoy a wide variety of rights and benefits when it comes to wages, meal periods and rest breaks, discrimination and harassment, time ...
Can I sue my employer for unfair wages?
Can I sue my employer for unpaid wages in California? When an employer fails to follow California wage and hour laws, you may be able to recover the unpaid wages through filing a wage claim with the labor commissioner or filing a lawsuit against your employer .
Can my employer fire me for discussing wages?
Can I Be Fired for Discussing My Wages? No. It is illegal for employers to fire workers for talking about one’s salary or wages at work . Your employer cannot retaliate against you, threaten to discharge, demote, suspend, or discriminate against you for exercising your right to equal wages.
What happens if my employer underpaid me?
When an employer fails to pay an employee the applicable minimum wage or the agreed wage for all hours worked, the employee has a legal claim for damages against the employer . To recover the unpaid wages, the employee can either bring a lawsuit in court or file an administrative claim with the state’s labor department.
What are the 5 human rights in the workplace?
Employees have a right to: Not be harassed or discriminated against (treated less favorably) because of race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, disability, age (40 or older) or genetic information (including family medical history).
What are the 3 rights of an employee?
- The right to know about health and safety matters.
- The right to participate in decisions that could affect their health and safety.
- The right to refuse work that could affect their health and safety and that of others.
Can I refuse to do something at work?
Your right to refuse to do a task is protected if all of the following conditions are met: Where possible, you have asked the employer to eliminate the danger , and the employer failed to do so; and. You refused to work in “good faith.” This means that you must genuinely believe that an imminent danger exists; and.
Can I sue my employer for emotional distress?
If you suffered emotional distress as a result of job stress or because your employer or coworkers acted negligently or intentionally, you may be able to sue them to seek compensation for your damages . ... The employer knew or should have known about the harmful conduct that caused emotional distress.
What is an unfair wage?
Unfair wages, also known as wage discrimination, is generally defined as the failure to fairly compensate employees for their work or in an amount that falls below the standard minimum wage . Unfair wage claims provide the basis of most employment law cases. ... Withholding a paycheck or underpaying an employee.
How late can an employer pay you?
When it comes to payment for a final paycheck, California law says that payment must occur: on the same day as the employee’s final day of work if he/she is fired or laid off, or. within 72 hours of the employee giving notice of terminating the employment relationship.
Can an employer tell you not to talk to other employees about pay?
In fact, employees’ right to discuss their salary is protected by law. While employers may restrict workers from discussing their salary in front of customers or during work, they cannot prohibit employees from talking about pay on their own time .
The Act prohibits employers from forbidding employees from discussing their wages or the wages of other employees. ... Pay secrecy policies, whether formal or informal, often reflect an effort by an employer to conceal wage discrimination.
