Employers’ Duty for Fair Pay in California
California is a leader in workers’ rights. In 2016, the California Division of Labor Standards Enforcement implemented the New Equal Pay Act. The law addressed the difference in earnings between male and female employees. The responsibilities of employers with regard to fair pay in California are briefly highlighted below.
- Difference in Wages: Under the California Fair Pay Act, paying workers of the opposite sex, or of another race, lesser wages for considerably similar work is prohibited. The employer must prove that the wage differences are absolutely due to a variety of factors that can be associated with business growth and development.
- Compensation Policies: Equity must be maintained in wage structure and compensation policies for employees, regardless of sex or race. To comply with the new compensation laws, the employer must raise the wages of the underpaid employee.
- High Level of Transparency: Employers are mandated to be more transparent. It is illegal to implement any policy or rule which does not allow an employee to discuss or disclose their hourly rates, wages, or salary with their colleagues or co-workers.
Employers must take a proactive approach to comply with the California Equal Pay Act. If your employer has violated any of the above employment laws, withheld your commission, or treated you unjustly, you should seek legal counsel from a knowledgeable attorney.
Why Do Employers Break Labor Laws?
Federal and state labor laws are implemented to protect worker’s rights. Under federal wage and hour laws, known as the Fair Labor Relations Act (FLRA), employers are required to pay minimum wage, overtime, compensations, bonuses, and classify employees properly as exempt or nonexempt. Examples of employer violations of labor laws can include:
- Wage difference violations
- Withholding commissions or bonuses
- Denying overtime pay
- Interfering with the rights of employees to act together
- Not maintaining a safe work environment
- Improper employee classification
- Not granting or providing mandated leave
Sometimes, employers violate labor laws unintentionally. In other cases, the employer is completely aware that they are breaking the law and violating worker’s rights. Regardless of the employer’s excuse, they may be facing severe penalties and fines if found guilty of violating federal or state labor laws.
What an Employment Law Attorney Can Do For You
If your employer is at fault for withholding your sales commissions or bonuses specified in your contract, you are within your rights to take legal action. A knowledgeable employment law attorney will carefully review your unique situation, evaluate your case, and determine if you qualify for a commission as specified in your agreement. Also, the attorney can help you file a lawsuit against your employer and pursue damages for your withheld commissions or bonuses.
Call Robinson Bradford LLP today for a free case review to discuss your situation with our team of experienced employment law attorneys. We are dedicated to protecting employee’s rights in California. Our reliable attorneys will hear your story, conduct a thorough investigation, aggressively fight for you, and help you pursue your rightful compensation for your unpaid commissions and bonuses.