The California Fair Employment and Housing Act (FEHA) protects employees from discrimination, retaliation, and harassment on the basis of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, martial status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status.
Feb. 16, 2023
HOW MUCH ARE YOU GETTING PAID COMPARED TO YOUR CO-WORKERS?
How many times have you wondered if you’re getting paid your fair share? Do you think you’re underpaid because of your race, sex, gender, disability, or even your prior salary history? Good news – California’s employee protections are now even stronger in 2023! California enacted SB 1162 requiring employers to report pay data to the Civil Rights Department (formerly known as the Department of Fair Employment and Housing) because for far too long employers have taken advantage of their employees’ ignorance.
“But, how does that help me if I’m applying for a job?” Well, employers with 15 or more employees are required to include the pay scale for a position in any job posting even if they’re using a third-party (like Indeed). Also, if you are applying for a position, you can request the pay scale for that position. Finally, employers can’t seek your salary history information or use it as a basis for employment or a salary offer. You may have a claim if you feel like your employee rights have been violated as an applicant.
“What if I already have a job?” Even if you’re already employed by an employer, you can request your pay scale for your current position. Has your employer notified you of your rights? Do they have a process for you to request your pay scale information? If you make a request, and your employer delays or avoids providing you that information, you may have a claim.
Don’t let an employer keep you in the dark – if you feel like your rights have been violated, call Lyon Legal, P.C. for a free consultation.
How many times have you wondered if you’re getting paid your fair share? Do you think you’re underpaid because of your race, sex, gender, disability, or even your prior salary history?
If you cannot work because you’re injured/sick or you need to care for a qualifying family member, eligible employees (those who worked more than 1,250 hours in the year prior for an employer with 5 or more employees) are eligible for up to 12 weeks of Family and Medical Leave (FMLA) and/or California Family Rights Act protected Leave (CFRA).