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Summary of differences between federal and state regulations
Unlawful employment practices
California law, as well as federal laws, prohibit wage discrimination on the basis of sex. The state requirements and exceptions are similar to the federal regulations under the Equal Pay Act.
The California Equal Pay Law prohibits discrimination against employees on the basis of sex in the payment of wages. Male and female employees in the same classification who perform substantially the same quantity and quality of work are entitled to equal pay, unless pay differentials are based on bona fide factors other than sex, such as seniority or merit.
A civil action to recover wages may be commenced no later than two years after the cause of action occurs, except that a cause of action arising out of a willful violation may be commenced no later than three years after the cause of action occurs.
If an employee recovers amounts due, and also files a complaint or brings an action under federal law which results in an additional recovery for the same violation, the employee must return the lesser amount recovered.
Recordkeeping
Every employer must maintain records of the wages and wage rates, job classifications, and other terms and conditions of employment of the persons employed by the employer. All of the records must be kept on file for two years.
Pay Data Reporting
Effective March 31, 2021, SB 973 requires employers who are subject to the federal EEO-1 report to also submit a pay data report to the state.
The pay data report would contain specified wage information to identify wage patterns and allow for targeted enforcement of equal pay or discrimination laws impacting areas such as race and gender.
Federal
Contact
Equal Employment Opportunity Commission (EEOC)
Regulations
29 CFR Part 1620, The Equal Pay Act
29 CFR 1621, Procedures — The Equal Pay Act