Equal Pay

California

Equal Pay Lawyer in California

Representing Southern California Workers in Wage Disparity Claims Since 2016

California law prohibits paying workers less than their colleagues for substantially similar work based on sex, race, or ethnicity. These claims don’t require proving that your employer intended to discriminate. The wage gap itself can be enough to shift the legal burden onto your employer to justify the difference. Valiant Law represents California workers pursuing these claims across San Bernardino County, Los Angeles County, Riverside County, Orange County, and San Diego County.

Our attorneys are fluent in English, Spanish, Farsi, Armenian, Hindi, and Urdu, so you can discuss your situation in the language you’re most comfortable with. We’ve been serving workers since 2016 and offer free consultations for equal pay matters.

If you believe you’re being paid less than a colleague for the same caliber of work, our California equal pay attorneys want to hear from you. Call (909) 254-5771 to schedule your free consultation.

What California’s Equal Pay Act Prohibits

The California Equal Pay Act, codified at Labor Code section 1197.5, prohibits employers from paying employees less than employees of another sex, race, or ethnicity for performing substantially similar work. California’s law applies regardless of employer size. By contrast, Title VII of the Civil Rights Act covers only employers with 15 or more employees, meaning California workers have access to broader protections under state law.

One significant advantage of California’s law: you don’t need to compare your pay to someone at the same physical location. If your employer operates multiple sites, you can compare your compensation to counterparts at other company locations statewide. Employers also can’t use your prior salary history to justify a pay disparity.

Understanding the Substantially Similar Work Standard

Your job title doesn’t have to match your higher-paid colleague’s title for a valid equal pay claim. “Substantially similar work” means work that is mostly comparable when evaluated as a composite across four factors:

  • Skill: The experience, education, ability, and training the job requires
  • Effort: The physical or mental exertion the work demands
  • Responsibility: The degree of accountability in the role
  • Working conditions: The physical environment, hazards, and surroundings

Employers sometimes assign inflated or distinct job titles to justify higher pay for certain employees whose day-to-day duties closely mirror those of lower-paid colleagues. Pay comparisons also extend beyond base salary. Bonuses, overtime, stock, benefits, and other compensation all factor into the analysis.

How SB 642 Changed California Equal Pay Law in 2026

Governor Newsom signed SB 642, the Pay Equity Enforcement Act, on October 8, 2025. It took effect January 1, 2026, and materially expanded the rights of California workers with pay disparity claims.

  • Expanded definition of wages: The law now covers all forms of pay, including salary, overtime, bonuses, stock, stock options, profit-sharing, life insurance, vacation and holiday pay, expense allowances, travel reimbursements, and benefits, not just base pay
  • Broader gender protections: The law replaced “opposite sex” with “another sex,” extending protections to non-binary employees and individuals whose gender identity or expression differs from their assigned sex at birth
  • Extended statute of limitations: The period to file a civil claim is now three years from the last date a violation occurs, and four years for willful violations
  • Six-year lookback for recovery: Because a new cause of action arises each time a worker receives a paycheck under an unlawful pay practice, employees with ongoing disparities may recover back pay spanning up to six years

Workers who assumed they had missed their window to act may find their claims are still viable under the updated law.

How a California Equal Pay Claim Proceeds

To establish a claim, you must show that you performed substantially similar work to a higher-paid colleague of another sex, race, or ethnicity. Once you establish that pay differential, the burden shifts to your employer, who must prove the difference is entirely explained by a seniority system, a merit system, a production-based system, or a bona fide factor unrelated to any protected characteristic.

Filing Options & Evidence

California workers can file a complaint with the California Civil Rights Department (CRD) or proceed directly to a civil lawsuit without filing an administrative complaint first. We can advise you on which path fits your situation.

Evidence in these cases includes pay stubs, job descriptions, performance reviews, internal communications, and voluntary wage disclosures. Through formal discovery, our attorneys can obtain pay records and internal compensation data your employer controls, which you may not be able to access on your own.

Retaliation Protections

Discussing your wages with coworkers, requesting pay scale information, and filing a claim are all protected activities. Retaliation for any of these actions is itself unlawful and can support separate legal claims.

What a Prevailing Employee May Recover

Under Labor Code section 1197.5, an employee who prevails on an equal pay claim may recover the full wage differential, interest on that amount, and liquidated damages equal to the differential plus interest. That can effectively double the unpaid wages owed, plus interest. Attorney fees and costs of suit are also recoverable.

Where discriminatory intent is established under FEHA or Title VII, additional compensatory damages, including emotional distress and potentially punitive damages, may be available. Former employees retain the right to pursue these claims after leaving their employer.

Why California Workers Choose Valiant Law

Employers defending equal pay claims typically have corporate legal teams with significant resources. Having our employment litigation attorneys in your corner means you can be matched in discovery, at the negotiating table, and at trial.

Our track record in California employment litigation includes a $1,800,000 recovery for a female employee subjected to sexual harassment, retaliation, and wrongful termination, and a $1,200,000 jury verdict after trial in San Bernardino County against a major national employer in a disability discrimination case. We’ve earned an AV Preeminent rating, Super Lawyers recognition, a Rising Stars designation, and the Distinguished Attorneys of the Year Award from Inland Empire Magazine.

We represent workers across San Bernardino County, Riverside County, Los Angeles County, Orange County, and San Diego County. Our multilingual team means a California equal pay lawyer at our firm can work with you directly in English, Spanish, Farsi, Armenian, Hindi, or Urdu.

Talk to a California Equal Pay Attorney for Free

Under SB 642, each paycheck issued under an unlawful pay practice can restart the limitations clock, but delays do reduce the recoverable back pay window. If you believe you’re being paid less than colleagues performing substantially similar work, getting a legal assessment sooner can give you a clearer picture of your options.

Valiant Law offers free consultations for equal pay claims throughout California. Call (909) 254-5771 or contact us online to speak with a California equal pay lawyer at our firm today.

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