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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.