California

Generally the law requires equal pay for substantially similar work based on sex, race, and ethnicity.^[1]

a.      Affirmative Defenses: To justify a pay disparity, an employer can assert that it was based on: seniority system, merit system, a system which measures earnings by quantity or quality of production, and a bona fide factor^[2] other than sex, race, or ethnicity^[3] (such as education, training, or experience).^[4]

 b.     Retaliation: Employers may not discharge, or in any manner discriminate or retaliate against you for exercising your right to equal pay.^[5]

^{[1] Cal. Lab. Code § 1197.5 (2019).}

^{[2] Allows employers to base employment decisions for a particular job on factors of a protected class if they are able to demonstrate that such factors are an essential qualification for performing a particular job.}

^{[3] An employer must demonstrate that the factor is not based on a sex, race, or ethnicity-based differential in compensation, is job related to the position in question, and is consistent with a business necessity.}

^{[4] Cal. Lab. Code § 1197.5 (2019).}

^{[5] Cal. Lab. Code § 1197.5 (2019).}

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Yes. The law in California covers race and ethnicity in addition to sex, it requires equal pay for “substantially similar work” instead of equal pay for “equal work,” and it narrows the broadest affirmative defense. The law replaces the broad “any factor other than sex” with “a bona fide factor other than sex.”

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Yes. Employers with 15 or more employees must post a salary/wage range in all active job postings.^[1] All employers must also provide existing employees the pay scale for their current job upon request.^[2] Failure to comply can result in civil penalties.^[3]

^{[1] Cal. Lab. Code § 432.3 (2019).}

^{[2] Cal. Lab. Code § 432.3 (2019).}

^{[3] Cal. Lab. Code § 432.3 (2019).}

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Yes. Employers cannot rely on or seek your salary history information when determining whether to offer you employment or when determining your salary.^[1] If you voluntarily disclose salary history, employers may consider or rely on that information to determine your salary,^[2] and they may inquire about your salary expectations for the position you are applying for.^[3] This law does not apply where the salary history information is disclosable to the public pursuant to state or federal law, such as for state or federal employees.^[4]

^{[1] Cal. Lab. Code § 432.3 (2019).}

^{[2] Cal. Lab. Code § 432.3 (2019).}

^{[3] Cal. Lab. Code § 432.3 (2019).}

^{[4] Cal. Lab. Code § 432.3 (2019).}

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Yes. Employers cannot prevent you from inquiring about, discussing, or disclosing your wages or the wages of another employee.^[1]

^{[1] Cal. Lab. Code § 1197.5 (2019).}

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Yes. Larger employers must report pay data. Private employers with 100 or more employees and/or 100 or more workers hired through labor contractors must annually report pay data to the California Civil Rights Department which include employees’ pay, position, and identifying factors of sex, race, and ethnicity.^[1]

^{[1] Cal. Gov't Code § 12999 (2022).}

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Yes. The California minimum wage exceeds the federal minimum wage and increases annually with increases indexed to inflation.^[1] Employers who violate minimum wage requirements are liable for restitution and penalties, including liquidated damages.^[2]

^{[1] Cal. Lab. Code § 1182.12.}

^{[2] Cal. Lab. Code § 1194.2,1197.1.}

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Yes. California does not have a reduced minimum wage for tipped employees.^[1]

^{[1] Cal. Lab. Code § 351 (2001).}

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Yes. Employers are required to pay workers at least semi-monthly,^[1] unless covered by a collective bargaining agreement then those different pay arrangements shall apply.^[2] Executive, administrative, and professional employees as defined by FLSA may also be paid monthly if certain requirements are met.

^{[1] Cal. Lab. Code § 204 (2020).}

^{[2] Cal. Lab. Code § 204 (2020).}

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Yes. Generally, employers are required to give written notice of wage rates to each new hire.^[1] The notice must be in the language the employer normally uses to communicate employment-related information to the employee and contain various information, including: the rate(s) of pay, how they are paid, overtime rates, any allowances taken from wages, and that an employee has the right to accrue and use sick leave.^[2] Employers are also required to notify employees in writing of any changes to the information in the notice within seven calendar days after the time of the changes, unless the changes are reflected on a timely itemized wage statement or other writing required by law.^[3] Employers must also provide a wage statement each pay day with information including but not limited to gross and net wages earned, hours worked, and deductions.^[4] Employers who fail to comply with these requirements are subject to damages.

^{[1] Cal. Lab. Code § 2810.5 (2022).}

^{[2] Cal. Lab. Code § 2810.5 (2022).}

^{[3] Cal. Lab. Code § 2810.5 (2022).}

^{[4] Cal. Lab. Code § 226 (2019).}

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Yes. California’s overtime law requires employers to provide time and a half to nonexempt employees for any time worked beyond 40 hours in a workweek, 8 hours in a work day, and the first 8 hours worked on the 7th consecutive day of work in a work week.^[1] Additionally, California has a double-time law. Employers must provide nonexempt employees double their regular pay for any hours worked beyond 12 hours on a workday and for all hours worked in excess of 8 on the 7th consecutive day of work in a work week.^[2] The state law covers some occupations excluded from federal protections under the Fair Labor Standards Act.

^{[1] Cal. Lab. Code § 510 (2022).}

^{[2] Cal. Lab. Code § 510 (2022).}

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Yes. California law prohibits the intentional theft of wages and tips and imposes various penalties, including restitution of wages, civil penalty, and liquidated damages.^[1] Violations can constitute grand theft and be subject to criminal penalties.^[2]

^{[1] E.g., Cal. Lab. Code § 200 et seq. (2022).}

^{[2] Cal. Pen. Code § 487m (2022).}

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