California Fair Pay Act: Amendments to the Existing Equal Pay Act Make It Easier For Employees to Prove Unlawful Wage Differentials Based On Gender

November 2015

Effective January 1, 2016, California Employers of all sizes are required to comply with
the Fair Pay Act, which requires that employers provide equal pay to male and female employees
who perform “substantially similar” work.

The Act amends California Labor Code Section 1197.5 (known as the California Equal
Pay Act) which generally prohibits employers from paying lower wages to employees of one
gender as compared to employees of the opposite gender when those employees (a) work at the
same establishment, and (b) perform “equal work” on jobs requiring “equal” skill, effort and
responsibility and which are performed under similar working conditions in the same
establishment. Read more>