04/23/2026
The California Equal Pay Act (Labor Code § 1197.5) requires that employees be paid equally for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions - regardless of gender, race, or ethnicity. The law prohibits employers from paying an employee less than others outside their protected class unless the employer can affirmatively prove the entire wage differential is based on a legitimate factor such as a seniority system, merit system, a system measuring earnings by quantity or quality of production, or a bona fide factor other than s*x, race, or ethnicity (e.g., education, training, or experience) that is job-related and consistent with business necessity. Importantly, the Act also protects employees who discuss or inquire about wages, prohibits retaliation for asserting rights under the law, and requires employers to provide pay scale information upon request.