Legal Alert - California's Fair Pay Act - New Law or Rebranding Existing Law?


by Christy Joseph

Beginning January 1, 2016 California will indeed have a revised Labor Code Provision 1197.5 that could open the door to more litigation of claims based upon gender differentials in pay. The statute has a laudable goal: differences in pay should not be gender based. There is much press about the fact that under this new law there can be no discrimination or retaliation against employees who disclose their wages. However, that already has been the law for many years. Under the new law, employers cannot prohibit employees from discussing their wages. That too already is the law.

[So what has changed?]