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When should you file an Equal Pay Act claim in California?

| Dec 10, 2020 | Wage & Hour Law

In California, you have the right to file a claim if your employer fails to pay your due wages on the basis of your gender or sex. The California Equal Pay Act offers protections for employees and allows them to hold their employers accountable. Just don’t wait too long if you have a claim, as there is a statute of limitations for Equal Pay Act claims in California.

When do I need to file an Equal Pay Act claim?

If your employer has violated the California Equal Pay Act, there is generally a two-year statute of limitations for filing a wage claim. That means you have two years from the date of the violation to bring your claim. However, if the wage violation was willful, you have three years to file. As stated by the California Department of Industrial Relations, “Each paycheck that reflects unequal pay is considered a violation for the purpose of calculating the deadline for filing.”

Should you talk to an attorney if you want to file a claim?

You should speak with an experienced employment law attorney before you file your Equal Pay Act claim. An attorney can investigate your case and gather evidence to prove that your employer didn’t pay you what you are owed. Going through the process alone could be a mistake, as the employer likely has significant legal resources on their side to defend against your claim. Your employment law attorney can stand up for you and help you get all the compensation you are owed.