Equal pay: when paying you less is against the law

This page covers equal pay and pay ranges. It is general information, not legal advice. For being paid less than the minimum wage, see Minimum wage. For unpaid hours, see How to file a wage claim.

Is it illegal to pay me less than a coworker?

It can be. In California, your employer may not pay you less than a coworker of another sex, race or ethnicity for substantially similar work (California Equal Pay Act, Labor Commissioner). "Sex" includes gender identity, gender expression and pregnancy related conditions.

The law covers public and private employers of every size. It covers almost all workers, except outside salespeople. It protects you whatever your immigration status (California labor laws protect all workers).

You do not have to prove your boss meant to pay you less. If the work is substantially similar and the pay is lower, the employer has to explain the gap.

Paid less for a reason that is not sex, race or ethnicity, such as age or disability? That can still be illegal discrimination under a different law. See What counts as illegal discrimination at work.

What counts as "substantially similar work"?

Work that is mostly similar in skill, effort and responsibility, done under similar working conditions (Labor Commissioner).

• Skill: experience, training, education and ability the job needs
• Effort: physical or mental work the job takes
• Responsibility: how much the job is trusted with and how important it is
• Working conditions: surroundings and hazards, like heat, cold or danger

Job titles do not decide it. What matters is what you actually do. A "lead cook" and a "cook" who do the same tasks may be doing substantially similar work.

When is a pay difference allowed?

The employer must prove the gap comes from one or more of these, and that the reasons explain the whole gap (Labor Commissioner):

• A seniority system
• A merit system
• A system that pays by amount or quality of work, such as piece rate
• A real factor other than sex, race or ethnicity, such as education, training or experience. That factor must be job related and needed for the business.

Past pay is not an excuse. Your old salary cannot be used to justify a gap based on sex, race or ethnicity.

Can I talk about pay with coworkers?

Yes. Your employer cannot stop you from telling others your own pay, talking about coworkers' pay, asking what others earn, or helping a coworker use their equal pay rights (Labor Commissioner). A workplace rule that says "do not discuss salaries" is not allowed for this purpose.

Your employer does not have to tell you what coworkers earn. But you can ask for the pay scale for your own job, and the employer must give it to you (Labor Code 432.3).

Talking about pay together with coworkers is also protected group activity under federal labor law. See Can I join a union at my job?

Can an employer ask what I made at my last job?

No. Employers generally may not ask about your salary history, directly or through a recruiter (Labor Code 432.3). They may ask what pay you expect. If you choose to share your past pay without being asked, they may consider it, but still cannot use it to justify an unequal gap.

Do job ads have to show the pay?

Yes, at larger employers. An employer with 15 or more employees must put the pay scale in every job posting (Labor Commissioner). The Labor Commissioner reads this to cover any job that may be filled in California, in person or remote.

• The pay scale is the employer's good faith estimate of the wage or salary range it expects to pay.
• It must be in the posting, not behind a link or QR code.
• If pay includes piece rate or commission, that range must be included too.
• Any applicant can ask for the pay scale for the job.

Employers must also keep a record of each worker's job title and pay history while they work there and for three years after. If they do not, the law presumes in the worker's favor on that point (Labor Code 432.3).

Penalties run from $100 to $10,000 per violation. You can complain within one year of learning about a posting problem.

How do I build my case?

You do not need proof of every number to file. Start with what you know:

1. Write down your job. Your title, start date, pay rate, and your real daily tasks.
2. Name the comparison. Each coworker who earns more, their job, what they do, and their pay if you know it. Note their sex, race or ethnicity only as it relates to the claim.
3. Collect papers. Pay stubs, offer letters, job postings, schedules, performance reviews, and texts or emails about pay or raises.
4. Ask for records. Ask in writing for the pay scale for your job. You can also ask for your own pay records and personnel file. See How to get your pay records and personnel file.
5. Keep it safe. Use your own phone or email, not a work account. Do not take confidential company files. Ask a clinic first.

How do I file, and what are the deadlines?

You have three choices. You do not have to go to the Labor Commissioner before going to court (Labor Commissioner).

The 3 year and 6 year rules come from a 2026 law, SB 642. Each unequal paycheck counts as a new violation (Labor Commissioner letter on 2026 laws).

What you can win: the pay you should have gotten, interest, an equal amount on top as damages, and lawyer's fees in court. If you are punished within 90 days of using these rights, the law presumes it was retaliation.

Federal law too. The federal Equal Pay Act covers sex based pay gaps only. You can go straight to court within 2 years, or 3 if willful (EEOC). Federal Title VII covers pay discrimination based on race, color, religion, sex and national origin, at employers with 15 or more workers. A charge with the EEOC is due within 300 days in California.

Common mistakes to avoid

• Comparing titles instead of tasks. Show what each person really does.
• Waiting for a raise that never comes. The clock runs. Each unequal check adds to what you can claim, but older pay can fall outside the limit.
• Taking company secrets. Copy only your own records unless a lawyer says otherwise.
• Quitting before getting advice. Talk to a clinic first. Leaving may affect other options, like unemployment.

Who can help?

These are public offices and nonprofit clinics. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• California Labor Commissioner: Equal Pay Act and retaliation complaints, with phone interpreters. 833-526-4636. Equal Pay Act page
• California Civil Rights Department: 800-884-1684, TTY 800-700-2320. Forms in seven languages. How to file
• Legal Aid at Work Workers' Rights Clinic: free and confidential within income limits or age 60 and over. 415-864-8848; East Palo Alto line (415) 404-9093. Workers' Rights Clinic
• San Mateo County Office of Labor Standards Enforcement: labor advice hotline 1-866-870-7725, for unincorporated San Mateo County and partner cities. San Mateo County OLSE
• More options: Free help with a work problem in the Bay Area

Questions people ask

My coworker has a different job title. Can I compare? Yes, if the work is substantially similar. The Labor Commissioner looks at what the jobs involve, not the titles.

I am paid by the piece. Does equal pay apply? Yes. Paying by amount or quality of work is one of the allowed reasons for a difference, but the employer must still show it explains the whole gap and is not based on sex, race or ethnicity.

Will filing hurt my immigration case? The Labor Commissioner says it does not ask about immigration status. Threatening to report a worker to immigration for complaining is illegal retaliation. See If your boss threatens to call immigration.

I am a man and a woman coworker earns more for the same work. Does the law cover me? Yes. The law protects workers of every sex, race and ethnicity.

Is there a worksheet I can print?

Fair pay for fair work is the law here. You are allowed to ask.