Equal Pay Act Violations
If you’re doing the same work as someone else but getting paid less, you may have a claim under the Equal Pay Act. This law requires equal pay for equal or substantially similar work. At Moon Law Group, PC, our lawyers have experience in taking action when employers have violated state or federal equal pay laws.
Since 2007, our firm’s mission is to fight for the rights of employees in Los Angeles and throughout California. As one of the largest plaintiff’s employment law firms in California, our lawyers have extensive experience in cases involving wage discrimination under both state and federal equal pay laws. We’ve also built a strong track record in class and collective actions, helping groups of employees take action when their rights are violated. Our team has the persistence and the resources to stand up to employers who hide unequal pay behind vague job titles or confidential salary structures.
If you believe you’re being underpaid because of your gender, race, or another protected category, contact us today to speak with a Los Angeles Equal Pay Act attorney. Your consultation is free and confidential, and you pay nothing unless we successfully resolve your matter.
How Can a Los Angeles Equal Pay Act Lawyer Help with My Case?
A Los Angeles Equal Pay Act lawyer can help you uncover wage disparities and take action if they find your employer has breached or disregarded state or federal equal pay statutes. At Moon Law Group, our skilled attorneys have the necessary experience to:
- Review job titles, responsibilities, company pay structures, and HR records for evidence of wage discrepancies.
- Compare your compensation with that of all co-workers doing substantially similar work, regardless of job title.
- Look for patterns of wage discrimination based on gender, race, or other protected characteristics.
- Analyze how your employer’s pay practices line up with the law.
If there’s evidence of illegal wage discrepancies, you may have several legal options. Your attorney can help you with the following:
- Filing a complaint with the appropriate agency, such as the California Labor Commissioner or the Equal Employment Opportunity Commission (EEOC)
- Pursuing a lawsuit, if necessary, to recover unpaid wages and other damages
- Determining whether your case qualifies for a class or collective action, which can help others who have experienced the same violations
Reach out today to schedule your free, no-obligation case review and discover how we can make a difference.
What Does the Federal Equal Pay Act Provide?
The Equal Pay Act of 1963 is part of the Fair Labor Standards Act. This law protects employees from wage discrimination based on sex. Under the statute, employers must pay employees equally when they perform substantially equal work in the same workplace. The act applies to all forms of compensation, including the following:
- Base salary or hourly wages
- Bonuses and commissions
- Health and retirement benefits
- Stock options or profit-sharing plans
Note that “substantially equal” does not necessarily mean identical work duties. This definition encompasses jobs that require similar skills, effort, and responsibility, and that are performed under similar working conditions. Employers cannot defend unequal pay by pointing to different job titles or descriptions if the actual work duties are comparable.
If you have questions about the potential meaning of the Equal Pay Act, we at Moon Law Group can explain your rights and options.
What Does the California Equal Pay Act Provide?
The California state Equal Pay Act offers some of the strongest wage discrimination protections nationwide. It goes beyond the federal Equal Pay Act by covering unequal pay based on gender, race, and ethnicity.
California’s version applies to “substantially similar work.” Like the federal law, this means you and a co-worker can have different titles or locations. Still, if the work requires similar skills, effort, and responsibility under similar conditions, your employer must justify any pay difference. Key protections include the following:
- Coverage for unequal pay based on gender, race, or ethnicity
- No requirement that employees work at the same location
- A ban on using salary history to justify lower wages (Labor Code § 432.3)
At Moon Law Group, our lawyers help employees build strong cases under state law when those protections are more favorable than the federal alternative. Get in touch with us today to schedule your free, confidential case review.
Why Would Employers Justify Pay Differences Under the Equal Pay Act?
Employers sometimes have lawful reasons for paying employees differently. Both federal and California equal pay laws allow wage differences as long as they’re legitimate and applied fairly. Acceptable justifications include the following:
- A seniority system
- A merit system
- A system that ties pay to the quantity or quality of work produced
- A “bona fide factor” other than sex, race, or ethnicity (often education, experience, or training)
These defenses can’t be used to cover up discrimination. Employers must show that the pay gap is job-related, based on business necessity, and not rooted in bias. They also have to prove that the same rule applies consistently across the workplace.
An Equal Pay Act attorney from Los Angeles can review your company’s internal pay structures, performance metrics, and hiring practices to test whether the employer’s justification holds up. If your employer can’t back up the pay difference, you may have a strong case under state or federal law.
If My Company Shut Down Its DEI Efforts, Can I Still Bring an Equal Pay/Wage Discrimination Lawsuit?
Your right to equal pay under federal and state law doesn’t disappear just because your employer has scaled back or eliminated its diversity, equity, and inclusion (DEI) efforts. Even if your employer no longer monitors pay equity or promotes DEI internally, they are still legally required to follow the Federal Equal Pay Act and the California Equal Pay Act. These laws prohibit wage disparities based on protected characteristics, regardless of whether the company incorporates those values into its mission statement.
Can I Sue My Employer for Wage Discrimination?
Yes. You have the right to sue your employer if you’ve been paid less than co-workers doing equal or substantially similar work because of your gender, race, or ethnicity. The process typically involves the following:
- Gathering pay records, job descriptions, schedules, and performance evaluations as evidence
- Filing a claim with the California Labor Commissioner’s Office or pursuing a lawsuit in court
- Submitting a complaint with the Equal Employment Opportunity Commission (EEOC) for federal claims
At Moon Law Group, we can help you determine the best option for your specific situation. If you have a valid claim, we’ll file your complaint and work to recover the full amount you’re owed.
What Damages Could I Recover for Wage Discrimination Under the Equal Pay Act?
If your employer violated equal pay laws, you may be entitled to significant financial compensation. The specific damages you could receive depend on whether you’re suing under California or federal law. Under the Federal Equal Pay Act, you can recover the following:
- Back pay for the wage difference
- An equal amount in liquidated damages (unless the employer proves the violation was made in good faith)
- Attorney’s fees and litigation costs
Under the California Equal Pay Act, you may recover all of the above. Additionally, you could receive:
- Interest on unpaid wages
- Statutory penalties
- Additional compensation if your employer retaliated against you
If your company’s wage discrepancies affect multiple employees, a class or collective lawsuit might be the right choice. At Moon Law Group, our attorneys have helped employees across California recover substantial settlements and court awards for widespread wage discrimination. Get in touch with us today to schedule a free, confidential case review and discover how we can help protect your employment rights.
How Long Do I Have to File a Lawsuit for Equal Pay Act Violations?
Time limits apply to both federal and state wage discrimination claims, and missing a deadline can cost you the right to recover unpaid wages.
Under the federal Equal Pay Act statute of limitations, you have two years from the date of the last discriminatory paycheck to file a lawsuit. If the violation is deemed willful, you may have up to three years to file. “Willful” means your employer knew or should have known that the wage discrimination was unlawful.
Under the California Equal Pay Act, you generally have two years to file a claim for wage discrimination, and three years if it was a willful violation. If your claim involves retaliation for speaking up about unequal pay, you have one year to file a claim for retaliation.
Each paycheck affected by a discriminatory wage gap may constitute a separate violation, which impacts the application of the statute of limitations.
Although one to three years may seem like a long time, delays can significantly impact your potential recovery. Employers may not clearly disclose wage data. In some cases, their records may be incomplete, altered, or intentionally withheld. The longer you wait, the more difficult it becomes to gather the necessary evidence.
We at Moon Law Group encourage you to contact us as soon as you suspect you’ve suffered from pay discrimination. Early legal guidance helps preserve your rights and evidence — and, ultimately, build a stronger claim.
Contact a Los Angeles Equal Pay Act Attorney Today
If you believe your employer has paid you less for doing the same or similar work others are performing, you have legal options. Moon Law Group focuses exclusively on representing workers in complex, labor-intensive employment cases throughout Los Angeles and California. Our team of more than 40 experienced attorneys has recovered millions of dollars for employees facing wage discrimination and other workplace violations.
We know how to challenge unfair pay practices. Whether you’re pursuing an individual claim or considering a class or collective action, we’ll work tirelessly to hold your employer accountable.
Contact Moon Law Group today to talk to a Los Angeles Equal Pay Act lawyer about your potential legal options.