After amending its Equal Pay Act to address gender-related wage differentials effective January 1, 2016, the California legislature enacted nearly identical language to also preclude wage differentials based on race or ethnicity, effective January 1, 2017. Specifically, the bill amends the Labor Code to prohibit employers from paying any of their employees at wage rates less than the rates paid to employees of another race or ethnicity for substantially similar work when viewed as a composite of skill, effort, and responsibility and performed under similar working conditions.
As with gender, if there is a wage differential, the employer bears the burden of demonstrating that the wage differential is based on one or more of the following factors:
To continue reading the content in this article on the firm's HR Law Talk blog, please click here to view the post.
Bass, Berry & Sims' HR Law Talk blog features news, commentary and insights on the complicated and constantly changing labor & employment and employee benefits laws affecting employers.