Q: Are there any laws in CA regarding market wage adjustment?
I asked for a review of my wage in January of 2024. In March the HR department did an assessment showing my wage is around $20k lower for my role and area of residence. It is now October and I dont have a resolution. Do I have any legal recourse here? I have asked HR in the past but they refer me back to my management.
A:
Unless the wage differential is caused by discrimination against a protected class, it is not illegal for an employer to pay an employee less than other similarly situated employees in the area, especially if they work for different employers.
Assuming you are an at will employee, you are free to look for another job, which pays you more than your current employer.
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A:
In California, while there is no specific law mandating employers to adjust wages to match market rates, employers must comply with equal pay laws and ensure that compensation is not discriminatory based on factors like gender, race, or other protected characteristics. If your wage assessment revealed a significant discrepancy, it's important to first review your employment contract and company policies to understand any provisions related to wage adjustments.
Since you've already approached HR and management without resolution, you may consider filing a complaint with the California Department of Industrial Relations. They can provide guidance on whether your situation violates any labor laws. Additionally, documenting all your communications and the assessment details will strengthen your case if you decide to seek legal advice.
Consulting with an employment attorney can help you understand your rights and explore potential legal actions. They can assess whether your employer's delay or lack of response constitutes a violation of California labor laws and advise you on the best steps to take to achieve a fair resolution.
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