Wage and hour
California Equal Pay Lawyers
New for 2026: three years to file, and back pay reaching up to six years, doubled as liquidated damages.
The California Equal Pay Act Just Got Stronger
Labor Code section 1197.5 bans pay gaps between employees of a different sex, race or ethnicity who perform substantially similar work.
New for 2026 under SB 642: the filing window grew from two years to three, and recoverable back pay now reaches up to six years.
What That Means in Dollars
An $8,000 annual gap across six recoverable years is $48,000. Liquidated damages match it, for $96,000 before interest and fees.
Substantially Similar Work, Not Identical Titles
The comparison runs on skill, effort, responsibility and similar working conditions, viewed as a composite. Different titles, different departments, even different worksites of the same employer can compare: a “senior account manager” against a “client director” handling the same book of business, or a female line cook against a male “kitchen specialist.”
The employer’s justifications are limited to a seniority system, a merit system, a production-based system, or a bona fide factor other than sex or race such as education, training or experience, that is job-related and consistent with business necessity.
Prior salary can never justify a gap, under AB 168 and Labor Code 432.3.
Pay Transparency Is Your Evidence: SB 1162
Employers with 15 or more employees must publish pay scales in job postings, and every employee can demand the pay scale for their own position. Employers of 100 or more file pay data reports with the Civil Rights Department, the state agency that handles discrimination complaints.
Tactically: a posted range is comparator evidence, so screenshot postings before they change.
And your right to discuss wages is protected. Labor Code 232 voids salary-gag rules. See retaliation.
Retaliation for Asking About Pay Is Its Own Claim
Section 1197.5 bars retaliation for invoking the statute, aiding a claim, or disclosing wages, and SB 497’s 90-day rebuttable presumption applies.
What Is an Equal Pay Case Worth?
The wage differential, plus interest, plus equal liquidated damages, which is the $96,000 example above.
Where the gap ties to a protected class, a discrimination overlay under California’s Fair Employment and Housing Act (FEHA), the state’s main workplace discrimination law, adds emotional distress and punitive exposure. See gender and sex discrimination.
Deadlines
3 years to file under the 2026 change, with back pay reaching up to 6 years.
No right to sue letter is needed for a 1197.5 claim. The Labor Commissioner route and a direct lawsuit are both available.
What to Do Right Now
- Request the pay scale for your position in writing. That is your SB 1162 right.
- Screenshot comparable job postings.
- Note your comparators’ duties and start dates, without accessing confidential systems.
- Save your reviews and metrics.
- Keep wage conversations on personal devices.
Frequently Asked Questions
Is It Illegal to Pay Me Less If His Title Is Different?
The standard is substantially similar work, judged as a composite. Titles do not control.
Can My Employer Ask What I Made at My Last Job?
No, under AB 168, and prior pay cannot justify a gap.
Can HR Punish Me for Comparing Salaries With Coworkers?
No. Labor Code 232 and the retaliation protections apply.
How Far Back Can I Recover?
Up to 6 years of back pay under the 2026 change, doubled by liquidated damages.
Does Equal Pay Cover Race as Well as Sex?
Yes. Race and ethnicity, since SB 1063.
Do I Need to File With a Government Agency First?
No. No right to sue letter is required.
Employment Law Resources
- California Labor Commissioner, the California Equal Pay Act: dir.ca.gov
- SB 642 (2025), Equal Pay Act limitations and recovery expansion effective 1/1/2026: leginfo
- Labor Code 432.3 and SB 1162, pay scale disclosure and the salary-history ban: leginfo
- California Civil Rights Department, pay data reporting for employers of 100 or more: calcivilrights.ca.gov
Tell Us What Happened
One business day for a response. You pay nothing unless we win.