If you earn less than a coworker of the opposite sex who does the same job, an equal pay lawyer can tell you whether your employer broke the law. This page explains the federal Equal Pay Act and sits inside our employment discrimination practice area. Kingsley Szamet Employment Lawyers represents employees in Los Angeles and across California, and your first consultation is free.

What is the Equal Pay Act?

The Equal Pay Act is a federal law from 1963. It says employers can't pay men and women different wages for substantially equal work at the same workplace. Congress added it to the Fair Labor Standards Act, so it covers most employers in the country.

"Wages" means more than your salary. It includes overtime, bonuses, stock options, and benefits like insurance and vacation or holiday pay. An employer can't dodge the law by changing job titles. Courts and the Equal Employment Opportunity Commission, or EEOC, look at the work you actually do.

What counts as equal work

Your job doesn't have to match your coworker's word for word. It has to be substantially equal in four ways.

When unequal pay is allowed

Not every pay gap is illegal. Your employer can defend a gap by proving that it comes from one of four things:

• A seniority system that rewards longer service and applies fairly to everyone.

• A merit system that rewards performance under clear, unbiased rules.

• A production-based system that pays by the quantity or quality of work, such as sales commissions.

• Any other factor that isn't based on sex, such as relevant education or experience.

Courts are skeptical when the "other factor" is past salary. The Ninth Circuit, which covers California, has held that prior pay alone can't justify a gap.

Proving an Equal Pay Act violation

You don't have to prove your employer meant to discriminate. You show that a coworker of the opposite sex earns more for substantially equal work at the same workplace. Then the burden shifts to your employer to prove one of the four defenses above.

Helpful evidence includes pay stubs, job descriptions, offer letters, performance reviews, and pay information from coworkers. Many private-sector employees have the right to talk about pay with each other, and your employer can't fire you for it.

Equal pay, Title VII, and the Ledbetter Act

Title VII of the Civil Rights Act is a second federal tool against pay discrimination. It bans pay differences based on race, color, religion, sex, and national origin. Unlike the Equal Pay Act, Title VII requires proof of discriminatory intent. But it can reach cases where the jobs aren't substantially equal. You can bring both claims together.

The Lilly Ledbetter Fair Pay Act of 2009 helps with timing. Each discriminatory paycheck restarts the filing clock for a Title VII pay claim. That's important because EEOC deadlines are short: 180 days, or 300 days in California.

How an equal pay lawyer can help you

• We compare your job duties and pay to your coworkers' pay.

• We figure out which laws apply and which defenses your employer may raise.

• We file a charge with the EEOC or a state agency when one is needed.

• We calculate your back pay and negotiate with the employer's lawyers.

• We take the case to court if the employer won't make it right.

What you can recover

Under the Equal Pay Act, you can recover the difference between what you were paid and what you should have been paid. That's called back pay. If the violation was willful, you can also recover liquidated damages, usually equal to the back pay. Your employer can avoid liquidated damages by proving it acted in good faith. A Title VII claim can add compensatory and punitive damages, which are capped by employer size. You can also recover attorney's fees. For real examples, see how discrimination settlements are valued.

Steps to take if you suspect pay discrimination

• Write down your duties, skills, and results.

• Find out what coworkers in similar jobs earn, as long as you do it lawfully.

• Raise the issue with your manager or HR. Do it in writing and keep a copy.

• Talk to a lawyer before you file anything.

If you already filed a complaint and your employer punished you, that's retaliation. Read about workplace retaliation.

California gives you more equal pay protection

The California Equal Pay Act covers work that's "substantially similar," not only equal, and it protects against pay gaps based on race and ethnicity as well as sex. California also bans employers from using your salary history to set your pay. Our California discrimination law guide explains the state rules. If your pay problem is about unpaid hours instead, see our wage and hour lawyer page.

When to call an equal pay lawyer

Call as soon as you suspect a pay gap. Time limits run out, and records can disappear. You should also call before you sign a severance agreement or a release, since either may waive your right to sue.

Why employees choose Kingsley Szamet

Eric Kingsley and Kelsey Szamet lead the firm, and we represent employees only. Results depend on the facts of each case.

We take cases on contingency. That means no upfront fee and no out-of-pocket cost to start. You pay only if we recover money for you.

Frequently asked questions

What is the Equal Pay Act?

It's a federal law that bans pay differences between men and women who do substantially equal work at the same workplace. Employers can defend a gap only with a seniority, merit, or production system, or a factor other than sex.

What are my equal pay rights?

You have the right to be paid the same as a coworker of the opposite sex who does substantially equal work. You also have the right to discuss your pay in many jobs, and to complain without being punished.

Do I need an equal pay attorney, or can I go straight to the EEOC?

You can file with the EEOC yourself. But employers defend these claims hard, and a lawyer can compare jobs, pull pay records, and meet the deadlines. That matters because a mistake can cost you your claim.

What damages can I recover in an Equal Pay Act claim?

You can recover back pay. If the violation was willful, you can also recover an equal amount in liquidated damages, plus attorney's fees.

Can my employer fire me for filing an equal pay claim?

No. Firing or punishing you for filing a claim, or for taking part in an investigation, is illegal retaliation. You may have a separate claim for it.

How much does an equal pay lawyer cost?

At Kingsley Szamet, you pay no fee unless we recover money for you. Your first consultation is free.

Contact Kingsley Szamet Employment Lawyers

Call (818) 990-8300 to talk with our team about your situation. You can also schedule your free consultation online. We're at 16133 Ventura Blvd #1200, Encino, CA 91436, and we represent employees across California. This page gives general information. It isn't legal advice for your situation.