The Paycheck Fairness Act would ban employers from retaliating against employees who talk about their wages with their colleagues. An employer could not prevent an employee from disclosing their salary, discussing anothers salary, asking another employees salary, or assisting or encouraging another employee to exercise rights under the California Equal Pay Law. An employer, however, is prohibited from relying on previous wages to justify wage differences among employees of the same sex, or different race or ethnicity, performing substantially similar work, as this is an violation of the Equal Pay Act.
An employer can match competing job offers in the hiring process, as long as any pay differences among employees performing work of comparable characteristics are not on the basis of protected class, and may be justified on the basis of one or more of the bona fide factors provided for under the law. In effect, an employer does not need to immediately pay an employees last salary if he is terminated. Employees are entitled to file wage claims when they dispute the amount of wages they are owed with the employer, or when the employer fails to pay wages earned on a regularly scheduled payday.
An employee cannot return to us to file a wage claim if he takes his own legal action in a court, no matter the result. An employee may also pursue their own legal actions, including in the Small Claims Court, where appropriate, without having to file their wage complaint with this office first. Employer guidance for firing/termination If you are an employer seeking information on legally terminating employees, you may want to consult with both the Equal Employment Opportunity Commission (EEOC) and your State Department of Labor to make sure that you are not in violation of any Federal or State employment laws.
An employer cannot withhold or deduct from any employees wages, or require any prospective employee or job candidate to pay for any medical or physical examination taken prior to employment, or an employer cannot withhold or deduct from any employees wages, or require any employee to pay for any medical or physical examination required by any federal or state statute or regulation, or a local ordinance. An employer may not collect, accept, or receive any gratuity, or any portion thereof, given to an employee, or take from wages due to the employee, or subtract from wages due to the employee, in consideration of any gratuity given to an employee. It is illegal for an employer to have a labor rule, policy, or hiring agreement prohibiting employees from discussing wages with one another, or that requires obtaining the employers permission for any such discussions.
The National Labor Relations Act protects employees rights to discuss conditions of employment, like safety and wages, even if you are a nonunion employer. In addition, you have the right to talk to other employees about, and participate in, extra-work activities that involve a public issue that could obviously impact your wages--such as minimum wages or right-to-work laws.