New Employer Challenges After Calif. Ban On Pay Inquiries

Megan Winter authored the article “New Employer Challenges After Calif. Ban On Pay Inquiries” featured in Law360.  

For the third year in a row, California strengthened its equal pay protections for employees by passing AB 168, which enacts additional restrictions intended to combat historical and systemic disparities in pay between employees of different genders, races and ethnicities. Existing California law requires companies to provide equal pay to employees of different genders, races and ethnicities who perform substantially similar work when viewed as a composite of skill, effort and responsibility. Any pay disparities must be justified by a bona fide factor, such as education, training or experience. 

In the article, Megan provides insight into the additional compliance challenges for employers because of its broad scope – “any agent” can violate it – and because the applicant does not have to show damage or harm from the inquiry. 

To read the full article, visit Law360. (Subscription required)