Employment

What Counts as "Substantially Similar Work" in an Equal Pay Case

Every California equal pay case turns on one comparison: is your work substantially similar to the work of a higher-paid coworker of another sex, race, or ethnicity? Employers often wave the question away by pointing at job titles or org charts. The law doesn’t. Labor Code § 1197.5 compares what people actually do — and it is deliberately broader than the federal “equal work” standard. Here is how the test works and how to identify the comparator who makes your case.

What Counts as "Substantially Similar Work" in an Equal Pay Case
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Understanding Your Equal Pay Case

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Yes. Titles are labels, and California courts look past them to actual duties. A "coordinator" and a "specialist," an "office manager" and an "operations lead" — if the composite of skill, effort, and responsibility is comparable and the working conditions are similar, they can be comparators. This matters because title inflation and title fragmentation are two of the most common ways pay gaps hide. What you actually do every week, not what your signature block says, controls the comparison — and it's why level and band assignments in tech get the same scrutiny.

No. The federal Equal Pay Act requires comparators within the same "establishment," but California's statute contains no such requirement. An employee at a company's Sacramento office can generally compare her pay to a counterpart doing substantially similar work at its Los Angeles headquarters. For multi-site employers — retail chains, healthcare systems, agencies with regional offices — this dramatically widens the pool of lawful comparators.

One can be enough. The statute prohibits paying you less than "employees" of another sex, race, or ethnicity for substantially similar work, and courts have allowed claims built on a single well-matched comparator. More comparators strengthen the pattern and make the employer's justification harder to sustain, but don't assume you have no case because only one person's pay is known to you — what the claim is worth depends on the gap and its duration, not the number of comparators.

California gives you more tools than most states. Labor Code § 232 protects your right to discuss and disclose wages with coworkers, and § 1197.5(k) prohibits retaliation for asking about or asserting equal pay rights. You can also request the pay scale for your own position under § 432.3. In litigation, your attorney obtains payroll records, pay bands, and compensation policies in discovery — so partial information at the start is normal, not disqualifying.

Federal law (29 U.S.C. § 206(d)) requires "equal work" on jobs requiring equal skill, effort, and responsibility in the same establishment — a stricter, narrower test. California requires only substantial similarity viewed as a composite, with no establishment limit, and puts the burden of justifying any gap squarely on the employer — see how the four employer defenses actually work. This is one of several reasons a California employee usually fares better under state law.

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Wage & Hour

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San Bernardino County wage and hour class action settlement: a class of employees alleged their employer failed to pay wages owed and sought related penalties.

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Oakland wage and hour class action settlement: senior living facility employees alleged unpaid wages, meal and rest break violations and unreimbursed expenses in class and representative claims.

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Hawthorne wage and hour class action settlement: a manufacturer's hourly employees alleged missed rest breaks, short or late meal periods and unpaid wages, plus unreimbursed work expenses.

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$3.9M

Newport Beach wage and hour class action settlement: hourly manufacturing plant employees alleged late and interrupted meal and rest breaks and sought unpaid premium pay.

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$3.5M

Camarillo wage and hour class action settlement: hourly employees alleged meal and rest period violations and sought unpaid wages plus the related premiums.

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$3.5M

Alameda County wage and hour class action settlement: hourly workers at a security systems company alleged unpaid wages and meal and rest period violations, and sought break premiums.

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$3.3M

Irvine wage and hour class action settlement: hourly employees of a products company alleged they were denied compliant meal and rest breaks and sought premium pay and expense reimbursement.

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$3.1M

Torrance wage and hour class action settlement: retail store employees alleged unpaid wages and meal and rest period violations, seeking final pay, waiting-time penalties and expense reimbursement.

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$3.0M

Thousand Oaks wage and hour class action settlement: a manufacturer's employees alleged unpaid pre-shift work and noncompliant meal and rest breaks, seeking break premiums and expense reimbursement.

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$3.0M

Orange County wage and hour class action settlement: a healthcare employer's hourly workers alleged unpaid overtime and meal and rest break violations and sought premium pay and expense reimbursement.

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$3.0M

San Diego wage and hour class action settlement: hourly employees alleged unpaid wages and break violations, pursuing meal and rest period premiums and repayment of work costs.

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$2.8M

Riverside County wage and hour class action settlement: a restaurant franchise's hourly workers alleged unpaid wages and meal and rest period violations and sought to recover their work expenses.

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$2.8M

Brentwood wage and hour class action settlement: an education provider's hourly staff alleged unpaid wages and meal and rest period violations and sought premium pay and expense reimbursement.

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$2.5M

San Francisco County wage and hour class action settlement: hourly campus employees sought unpaid wages and work expense reimbursement, alleging meal and rest period violations.

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$2.5M

San Jose wage and hour class action settlement: hourly car dealership employees alleged they were underpaid, denied proper meal and rest periods and not reimbursed for work expenses.

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$2.5M

San Francisco County wage and hour class action settlement: hourly clinic staff alleged off-the-clock work, meal and rest period violations, unpaid premiums and unreimbursed work expenses.

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$2.5M

San Leandro wage and hour class action settlement: hourly employees alleged unpaid overtime, unpaid wages and meal and rest period violations, and claimed break premiums and out-of-pocket costs.

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$2.4M

Orange County wage and hour class action settlement: restaurant employees alleged a franchise operator failed to provide legally required meal and rest breaks or pay the premiums owed.

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Los Angeles wage and hour class action settlement: hourly hospital employees alleged their employer failed to provide meal periods required by California law.

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$2.1M

San Diego County wage and hour class action settlement: franchise restaurant workers alleged unpaid off-the-clock work, late meal and rest breaks without premium pay, and unreimbursed work gear.

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$2.0M

Alameda County wrongful termination settlement: an employee who reported a coworker's harassment and helped a colleague file a complaint alleged being fired months later. The employer cited a layoff.

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$2.0M

Tulare wage and hour class action settlement: food processing employees alleged interrupted rest breaks without premium pay and no reimbursement for personal phones used for work.

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$2.0M

Watsonville wage and hour class action settlement: hourly workers at an agricultural company alleged unpaid overtime, interrupted lunches and missing rest breaks during long shifts.

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Barstow wage and hour class action settlement: hourly workers at a vehicle-services business alleged unpaid off-the-clock time, meal and rest break violations and unreimbursed uniform costs.

Workplace Retaliation

$1.0M

Los Angeles County workplace retaliation settlement: an employee alleged being fired weeks after reporting harassment and wage violations. The employer said the position was eliminated.

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$910K

Gardena wage and hour class action settlement: hourly employees alleged they were denied meal and rest breaks without premium pay and had to cover supplies and phone costs.

Leave of Absence

$825K

Oakland leave of absence settlement: a worker who had come back from approved medical leave was later fired and alleged retaliation and wrongful termination by the employer.

Workplace Harassment

$750K

Woodland workplace harassment settlement: a worker alleged sexual harassment and discrimination, and that supervisors took no action on repeated complaints before the worker was forced to quit.

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Los Angeles leave of absence settlement: an employee let go while on approved medical leave alleged disability discrimination and wrongful termination. The employer cited restructuring.

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$500K

Santa Ana workplace retaliation settlement: an employee alleged being let go after reporting inappropriate conduct by a manager. The company called it a layoff.

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$500K

Fresno workplace retaliation settlement: an employee alleged being fired after an ethics complaint about patient privacy violations. The claims included discrimination and wrongful termination.

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Commerce leave of absence settlement: an employee on approved medical leave alleged being fired weeks before a scheduled return, with no prior warnings. The claims included disability discrimination.

Disability Discrimination

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Morgan Hill disability discrimination settlement: an employee alleged being let go during medical treatment after a request for remote work was refused. The employer cited hardship.

Disability Discrimination

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Los Angeles County disability discrimination settlement: an employee alleged being fired for requesting more medical leave while coworkers were already covering the work. The employer cited hardship.

Disability Discrimination

$425K

Anaheim disability discrimination settlement: an employee facing medical treatment alleged being fired in retaliation within two weeks of complaining about a manager, despite no write-ups.

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Riverside disability discrimination settlement: an employee alleged being fired after asking to extend medical leave. The employer said the leave was exhausted.

Wrongful Termination

$340K

Santa Clara County wrongful termination settlement: an employee alleged being fired after complaining to human resources about a manager. The employer raised performance concerns after the complaint.

Workplace Discrimination

$260K

California workplace discrimination settlement: an employee alleged the employer denied reasonable accommodations and then ended the job, bringing discrimination and wrongful termination claims.

Leave of Absence

$250K

Bakersfield leave of absence settlement: an employee on doctor-ordered medical leave alleged being fired during the leave. The termination letter gave no reason.

Wrongful Termination

$225K

Campbell wrongful termination settlement: an employee who sought a medical accommodation alleged being fired in retaliation days after human resources closed a harassment complaint.

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Signal Hill wage and hour class action settlement: employees alleged they missed meal and rest breaks without receiving premium pay and were not paid for all time worked.

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$200K

Hemet wage and hour class action settlement: hourly thrift store employees alleged meal and rest period violations, seeking premium pay, cell phone expense reimbursement and PAGA penalties.

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$185K

Shasta County wage and hour settlement: an employee brought a representative claim on behalf of healthcare employees, alleging meal and rest period violations, unpaid wages and unreimbursed expenses.

Wrongful Termination

$176K

Newport Beach wrongful termination settlement: a restaurant employee alleged being fired after reporting a coworker's sexual harassment. The employer claimed a layoff but brought that coworker back.

Disability Discrimination

$175K

San Francisco disability discrimination settlement: an employee with disabling medical conditions alleged being denied accommodations and wrongfully terminated from a salaried position while disabled.

Disability Discrimination

$174K

Tulare County disability discrimination settlement: an employee on medical leave alleged being fired while still disabled and awaiting further treatment. The employer cited a single write-up.

Wrongful Termination

$170K

Torrance wrongful termination settlement: a care facility employee alleged being fired the same day the employee reported medication handling concerns and racial mistreatment to corporate.

Leave of Absence

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Downey leave of absence settlement: an employee alleged being fired while on medical leave after a warning that filing for protected leave would lead to termination.

Disability Discrimination

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Sacramento County disability discrimination settlement: an employee on intermittent medical leave alleged being fired because of a medical condition and age. The claims also included retaliation.

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San Diego wage and hour settlement: a restaurant employee alleged unpaid overtime from edited time sheets and straight-time pay for extra hours, plus missed meal and rest breaks.

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$100K

Victorville wage and hour class action settlement: hourly restaurant employees alleged their employer left wages unpaid, violated meal and rest period rules and did not reimburse work expenses.

*Past results do not guarantee similar outcomes. Each case is unique and evaluated on its own facts.

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What Does "Substantially Similar Work" Actually Mean?

Under Labor Code § 1197.5, work is substantially similar when, viewed as a composite of skill, effort, and responsibility, it is performed under similar working conditions. Skill means the experience, ability, education, and training the job actually requires. Effort covers the physical and mental exertion involved. Responsibility measures accountability and the duties entrusted to the role. The jobs do not need to be identical, the titles do not need to match, and — unlike federal law — the comparator does not need to work at your location or "establishment." A pay gap between two differently titled roles doing comparable work at two different offices of the same employer can still violate the Act.

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Equal Pay FAQs

Our Most Frequently Asked Questions

We've answered the most common ones below. If yours isn't here, call us — we're available 24/7.

Very likely yes — the comparison runs on actual duties, not titles. If the seniority label doesn't reflect a real difference in skill, effort, or responsibility, it won't shield the pay gap.

Generally yes. California's Equal Pay Act has no same-location requirement, so comparators across offices of the same employer are usually fair game.

Often, yes. A single strong comparator can support a claim, and discovery fills in the rest once a case is filed. Don't wait for perfect information.

Yes. California Labor Code § 232 protects wage discussions, and your employer cannot lawfully punish you for asking or sharing.

They can be, on an hourly-rate basis, where the work is substantially similar. Differences in hours explain total pay, not rate of pay.

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