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California Equal Pay Act’s ‘Substantially Similar’ Standard Follows Federal Law

September 9, 2021


A 2016 amendment to the California Equal Pay Act (EPA) did not change what a worker must show to prove a violation, a California appeals court ruled. The standard prior to the amendment was consistent with the federal standard and remains consistent after the amendment, the court said.

The plaintiff in this case, who brought a claim under California law, still must show that she is being paid lower wages than a male comparator and also that she is performing work substantially equal in skill, effort and responsibility under similar working conditions, the state appeals court concluded.

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