California Fair Pay Act
For Every $1.00 Paid to a Man, How Much is Paid to a:
|
|
Nationwide: |
California: |
|
Woman |
78 cents |
84 cents |
|
African-American Woman |
64 cents |
64 cents |
|
Hispanic Woman |
55 cents |
44 cents |
Differences Between Old and New California FPL and Federal Law:
|
|
New California Act |
Former California Act |
Federal Equal Pay Act |
|
Comparator |
“Substantially different work” |
“Equal work” |
“Equal work” |
|
Same establishment defense? |
No |
Yes |
Yes |
|
Wage difference to be explained? |
“Entire” wage difference |
No express “entire” difference requirement |
No express “entire” difference requirement |
The Former Equal Pay Act of 1949:
Applies to wage rate differences between the sexes,
Working at the same establishment and
Doing “equal work”
Employers have an affirmative defense if wages are based on:
A seniority system,
A merit system
Quantity or quality of work
Any bona fide factor other than sex
The New Equal Pay Act of 2015:
Applies to wage rate differences between the sexes
Who are doing “substantially similar work”
Employers have an affirmative defense if wages based on:
A seniority system,
A merit system
Quantity or quality of work
Any bona fide factor other than sex such as education, training or experience. This factor shall apply only if the employer demonstrates that the factor is not based on or derived from a sex-based differential in compensation, is job related with respect to the position in question, and is consistent with a business necessity.
