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Article

6 Jan 2016

Author:
Michelle Mark, International Business Times (USA)

USA: New California law shifts burden to employers to prove equal gender pay

“Will California’s Fair-Pay Law Eliminate The Gender Wage Gap?”, 4 Jan 2016

…[M]illions of female workers in California…may now find it easier to take an employer to court for unequal compensation, thanks to the state’s new fair-pay law…But while the legislation is being touted by its proponents as the toughest such law in the country, some have voiced concerns that it could be logistically complicated to roll out and leaves not only companies but also individual managers and executives susceptible to potential lawsuits…[E]mployees are protected from workplace wage secrecy policies and retaliation for invoking the legislation.  The burden of proof has been shifted to employers, who must prove they pay workers of both genders equally for “substantially similar work,”…The legislation cites data revealing that California women earn an average of 84 cents for every dollar earned by men...While C-Suite executives are often reluctant to expend time and money on laborious company audit that may uncover nothing of concern…preventative measures will always be cheaper in the long run than dealing with a class-action lawsuit.  Legal experts said despite the logistical kinks and trepidation from employers, the California law is ultimately a positive step for women that could spark a ripple effect across the U.S. and inspire similar legislation in other states…