According to the Bureau of Labor Statistics, women who work full-time earn, on average, 82 cents for every dollar a man earns. The disparity is even larger for women of color. A number of factors lead to these pay discrepancies. Experts believe that one such factor is allowing employers to rely on an employee’s past salary in setting the salary for a position, as an employee’s past salary may itself reflect discrimination.
To address this issue, California enacted AB 168. AB 168 added section 432.3 to the California Labor Code. AB 168 made it unlawful for an employer to rely on the salary history information of an applicant for employment as a factor in determining whether to offer an applicant employment or what salary to offer an applicant and to seek salary history information, including compensation and benefits, about an applicant for employment. It also required employers to provide the pay scale for a position to an applicant for employment.
California enacted AB 2282 as a follow-up measure to AB 168, to clarify certain provisions of AB 168. Effective January 1, 2019, AB 2282 amends California Labor Code section 423.3. A California employment law attorney can explain in more detail, but a summary description of the law’s legal highlight may be helpful.
Lawmakers enacted AB 2282 in an attempt to remedy three specific points about the previous bill.
As incorporated into the existing Equal Pay Act, the new law allows employees to file a civil cause of action to enforce their rights. If an employer violates the law regarding salary history and pay scale, a worker who experienced adverse action can initiate litigation to seek compensation for any losses, such as back pay, the value of employee benefits, and any interest that accrues. In addition, an aggrieved employee can seek equitable relief, including job hiring and reinstatement.
If you believe that an employer has violated the restrictions relating to salary history and pay scale issues under Labor Code section 432.3, please contact the California employment lawyers at Minnis & Smallets LLP. Our team has extensive experience handling employment disputes for workers who are harmed by misconduct in the workplace. Concerned employees can reach our attorneys by calling our office or completing an online form.
If you are looking for advice or representation, please contact us today using the form below and we will promptly respond to your inquiry.
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