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California Complaint regarding FLSA Equal Pay Act Title VII Civil Rights Act - Jury Trial Demand
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How to fill out Complaint Regarding FLSA Equal Pay Act Title VII Civil Rights Act - Jury Trial Demand?
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FAQ
The United States Supreme Court has never directly ruled on whether there is a Seventh Amendment right to a jury trial under Title VII. However, many recent cases from the Supreme Court, by analogy, arguably do provide such a right to a jury trial.
Under the Equal Pay Act, an employee must file a claim within two years from the date of the violation. If the violation is willful, then an employee has three years to file. Each paycheck that reflects unequal pay is considered a violation for the purpose of calculating the deadline for filing.
In California, wages, with some exceptions, must be paid at least twice during each calendar month on the days designated in advance as regular paydays. The employer must establish a regular payday and is required to post a notice that shows the day, time and location of payment.
(a) No employer shall pay any individual in the employer s employ at wage rates less than the rates paid to employees of the opposite sex in the same establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions, ...
The Equal Pay Act requires that men and women in the same workplace be given equal pay for equal work. The jobs need not be identical, but they must be substantially equal. Job content (not job titles) determines whether jobs are substantially equal.
Under California equal pay law, your employer may not pay you less than a co-worker of another race or ethnicity when you are doing substantially similar work. Cal. Lab. Code § 1197.5(b).
The new California pay transparency law established by SB 1162 went into effect on January 1, 2023, widening the criteria for companies that must comply with California pay transparency legislation and establishing new obligations for companies of a certain size to disclose pay ranges in job postings.
Title VII broadly prohibits sex discrimination in compensation, whereas the EPA prohibits employers from paying men and women in the same workplace unequal wages for equal work.