Do you suspect you are being paid less than your coworkers for the same work — simply because of your gender, race, or identity? In California, that is not just unfair. It is illegal. The California Equal Pay Act is one of the strongest in the country, and if your employer is violating it, you have the right to take action.
My name is Arlo Uriarte, employment attorney at Liberation Law Group. Call 1-888-442-2642 or request your free consultation here. 24/7 in English and Spanish.
What Is the California Equal Pay Act?
The California Equal Pay Act (codified in Labor Code § 1197.5) prohibits employers from paying different wages to employees who perform “substantially similar work” based on the employee’s gender, race, or ethnicity.
The law was significantly strengthened in 2016 with the Fair Pay Act and has continued to expand. In 2024, SB 1162 added new pay transparency requirements — employers with 15 or more employees must now publish salary ranges in their job postings. If you see that the range for your position is higher than what you are being paid, that can be evidence in your case.
What Does “Substantially Similar Work” Mean?
The law does not require the work to be identical — it requires that it be “substantially similar” in skill, effort, and responsibility, under similar working conditions. This matters because many employers use slightly different job titles to justify pay differences that are actually discriminatory.
For example: if you are a woman supervising a team of 10 people with the same responsibilities as a male colleague with a different title, but he earns significantly more — that may be a violation of the equal pay law. Learn more about equal pay discrimination in California.
Gender-Based Pay Disparities
The gender pay gap is real in California and especially pronounced for Hispanic women. Studies show that Latina women in California earn significantly less than their white male counterparts for equivalent work. When that difference is not justified by legitimate factors — seniority, merit, production, or a bona fide pay system — it is illegal discrimination.
At Liberation Law Group we have represented workers in San Francisco, San Mateo County, and San Jose who discovered that their male colleagues — with less experience and similar responsibilities — were earning significantly more. Learn more about gender discrimination in the California workplace.
Race and Ethnicity-Based Pay Disparities
Since 2017, the California Equal Pay Act also prohibits pay differences based on race or ethnicity. If you are a Hispanic, Black, or any other worker of color and you receive less pay than colleagues of other races for substantially similar work, you have grounds for a claim.
This is a violation we see frequently in industries such as construction, healthcare, technology, and services throughout Northern California — including Sonoma County, Marin, and the entire region. Learn more about racial discrimination in the California workplace.
Do you suspect you are being paid less because of your gender, race, or national origin?
Attorney Arlo Uriarte can evaluate your case today — free, in Spanish, confidential. 1-888-442-2642 — free consultation here — 24/7.
Pay Transparency in California in 2026
Since January 2023, SB 1162 requires employers with 15 or more employees to include salary ranges in all published job postings. It also requires them to provide any employee with the salary range for their current position upon request.
This is a powerful tool for workers: if you see that the published salary range for your position is higher than what you are being paid, or if you discover that a colleague in the same position earns significantly more, that can be direct evidence of pay discrimination.
What You Should Do If You Believe You Are Being Paid Unfairly
Document everything: Gather any evidence that other employees doing similar work earn more — including published salary ranges, information voluntarily shared by coworkers, or any company document that reveals pay structure.
Request your salary range: Under SB 1162, you can request the salary range for your current position from your employer. If they refuse, that is an additional violation.
Consult with an attorney: Before confronting your employer, speak with an employment attorney. The right strategy can protect you from retaliation and maximize your recovery.
Call 1-888-442-2642 — we represent workers in San Francisco, Oakland, Fremont, San Mateo County, and throughout the region.
How Much a Pay Discrimination Case Can Be Worth
In cases involving violations of the Equal Pay Act, you can recover: the wage difference going back up to 3 years, plus an equal amount in liquidated damages (doubling the recovery), plus attorney’s fees paid by the employer. In similar cases, this can add up to tens of thousands of dollars, depending on the size of the disparity and how long it lasted.
Do not let the deadlines on your equal pay case expire.
Call 1-888-442-2642 to speak today with attorney Arlo Uriarte. Free evaluation in Spanish — no cost — 24/7.
Frequently Asked Questions About Equal Pay in California
Can I ask my coworkers how much they earn?
Yes. The National Labor Relations Act (NLRA) protects the right of employees to discuss their wages with one another. Your employer cannot prohibit you from discussing your pay with coworkers or discipline you for doing so. In fact, employers who maintain “no salary discussion” policies are violating federal law. This protection applies to most private sector employees. If your employer prohibited you from discussing wages or disciplined you for doing so, that is an additional legal violation. Call 1-888-442-2642.
How long do I have to file an equal pay claim?
For claims under the California Equal Pay Act, you have 3 years from the most recent pay violation. Because pay violations occur with each paycheck, the deadline generally extends as long as the discriminatory pay difference continues. For discrimination claims under FEHA, you have 3 years from the most recent incident. Acting quickly is always better — you preserve more of the claimable period and the evidence is fresher. Call 1-888-442-2642.
Can my employer retaliate against me for asking about equal pay?
No. It is completely illegal for an employer to take any negative action against an employee for asking about wages, filing an equal pay complaint, or discussing pay with coworkers. If your employer threatens you, reduces your hours, gives you an unjustified negative performance review, or terminates you for reasons related to your pay complaint, that is illegal retaliation that creates an additional claim. Retaliation in equal pay cases can result in significant additional compensation. Read about your rights against workplace retaliation in California.
What exceptions does the law allow for pay differences?
The law allows pay differences based on: seniority (time with the company), merit (objectively measured performance), production systems (piece-rate pay or commission), and bona fide factors other than gender, race, or ethnicity — such as different geographic location, education, or specific certifications. However, the employer bears the burden of proving that the pay difference is entirely justified by these factors. If there is any discriminatory component in the difference, the law is violated. An employment attorney can evaluate whether your employer’s justifications hold up.
Does the equal pay law protect workers of color, not just women?
Yes. Since 2017, the California Equal Pay Act prohibits pay differences based on race and ethnicity, not just gender. This means that if you are a Hispanic, Black, Asian, or any other worker of color and you receive less pay than colleagues of other races for substantially similar work, you have grounds for a claim. This is an important protection especially for Hispanic workers in the Bay Area and the North Bay, where the ethnicity-based pay gap is well documented. Call 1-888-442-2642 to evaluate your case.
Can I request the salary range for my current position?
Yes. Under California’s SB 1162 (in effect since January 2023), employers must provide an employee with the salary range for their current position upon request. They must also include salary ranges in all published job postings for companies with 15 or more employees. If your employer refuses to provide your salary range, that is a violation of the law that can be reported to the California Labor Commissioner. This tool is particularly useful for detecting pay discrimination.
What can I recover in an equal pay case?
In a successful California Equal Pay Act case, you can recover: the wage difference going back up to 3 years, an equal amount in liquidated damages (doubling the recovery), attorney’s fees paid by the employer, and legal costs. In pay discrimination cases under FEHA, emotional distress damages may also be included. In similar cases, we have seen recoveries ranging from tens of thousands to over one hundred thousand dollars, depending on the duration of the discrimination and the size of the pay gap.
Does Liberation Law Group handle equal pay cases throughout Northern California?
Yes. We represent workers in San Francisco, Oakland, San Jose, Sonoma County, San Mateo County, and throughout the region. Consultations are conducted by phone or video call. Call 1-888-442-2642 — available 24/7 in English and Spanish.
Act Today
If you believe you are being paid less because of your gender, race, or ethnicity, do not let it go. Call 1-888-442-2642 or complete our free form. Attorney Arlo Uriarte is ready to hear your case — in Spanish, at no cost, 24/7.
Liberation Law Group — Employment Attorneys for Workers, 24/7
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