• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

The millennial generation has split, new Fed research shows: Those over 35 are edging toward boomer-style wealth, while everyone else falls behind

2

Spain lifted the World Cup, but the IRS still gets a cut of its $50 million pay day as players, coaches and refs all face complex U.S. “jock taxes”

3

The $39 trillion U.S. national debt isn’t as high as Japan’s and Singapore’s relative to economy size—and yet it's still worse somehow

1

The millennial generation has split, new Fed research shows: Those over 35 are edging toward boomer-style wealth, while everyone else falls behind

2

Spain lifted the World Cup, but the IRS still gets a cut of its $50 million pay day as players, coaches and refs all face complex U.S. “jock taxes”

3

The $39 trillion U.S. national debt isn’t as high as Japan’s and Singapore’s relative to economy size—and yet it's still worse somehow
Leadership

Why managers should care about California’s new pay law — and not just in California

By
October 24, 2015, 12:31 PM ET
Photograph by Scott Eells — Getty Images
Add Fortune on Google for similar content.

At a glance, the California Fair Pay Act (SB 358), effective on January 1, 2016, looks a lot like every other equal-pay statute in the U.S., including the federal version. But look a little more closely, and it’s clear why employment law firm Fisher & Phillips calls this “the most aggressive equal pay law in the nation.”

The main reason: Instead of equal compensation for men and women doing equal work, the new law calls for pay equity among employees whose jobs are “substantially similar,” meaning roughly equal “when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions.”

No longer having to prove they’re paid less than someone else doing an exactly identical job “provides a rather easy standard for employees to satisfy” to file a suit or a complaint with state regulators, notes James McDonald, a managing partner at employment law firm Fisher & Phillips in Irvine. Not only that, but the new law makes it harder for employers to justify unequal pay. Although a company can defend its policy of paying some people more than their coworkers based on a short list of exceptions — a formal union-style seniority system, for instance, or a sales commission program — the employer now has to show that any other disparity in what it pays men and women is based on a “business necessity.”

Under the old law, companies could simply point to differences in education, training, or experience. “Say, for example, that one employee has a master’s degree and another doesn’t,” says McDonald. “That used to be enough to explain a gap in compensation. But now, the burden is on the employer to show why a master’s degree is a necessity for the job. That hasn’t been explicit until now. It’s a much higher standard.”

 

Interesting, you may be thinking, but if you don’t happen to work in California, why should you care? There are two reasons. First, the new law lets employees compare their pay to others’ doing “substantially similar” work anywhere in the same company — not just under the same roof, as under the old law, but in any location where the company does business. It’s not yet entirely clear whether that includes all 50 states, but many employers operating nationwide are assuming it will.

So, if you work for a big company that has any employees in California, don’t be surprised if your HR department suddenly starts asking for a lot of detailed information about who is doing precisely what, how each employee is paid compared to his or her peers, and the “business necessity” behind differences in what people make in comparable jobs. Legal departments are asking managers to spell out “the actual day-to-day content of each job, not just what the formal job description says,” observes McDonald.

They’re also requiring meticulous documentation of hiring managers’ pay decisions. Offering a new hire with hard-to-find skills $10,000 a year more than the going rate, for instance, is okay — as long as you document exactly why you decided on $10,000 instead of, say, $5,000. You’ll have to explain it in writing, and in such a way that you, and whoever has your job after you, can defend the “business necessity” of your new hire’s premium pay.

The second reason to know what’s in California’s new law is that it might be coming soon to a state capital near you. With the gender wage gap persistent and apparently widening, legal experts expect the Golden State’s new statute to serve as a model for legislatures elsewhere.

“Efforts to get something like this through Congress have so far gotten nowhere,” notes McDonald. “So more states are likely to consider adopting laws similar to California’s.” It wouldn’t be the first time.

Add Fortune on Google for similar content.

Latest in Leadership

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • TikTok icon
  • YouTube icon

Latest in Leadership

From near-collapse to $689 billion: Inside Larry Culp’s turnaround of GE
NewslettersCEO Daily
From near-collapse to $689 billion: Inside Larry Culp’s turnaround of GE
By Shawn TullyJuly 24, 2026
2 hours ago
nyse
CommentaryEconomics
AI doesn’t end scarcity. It relocates it
By François Candelon, Paul-Louis Andres and Augustin ManchonJuly 24, 2026
2 hours ago
European travel platform Omio raises $10 million and buys Rail Europe as it chases Asia’s tourism market 
Asiatourism
European travel platform Omio raises $10 million and buys Rail Europe as it chases Asia’s tourism market 
By Nicholas GordonJuly 24, 2026
5 hours ago
Meet SLB: The $70 billion oil services giant poised to cash in on AI data centers and the post-Strait of Hormuz oil exploration boom
Magazineoil and gas
Meet SLB: The $70 billion oil services giant poised to cash in on AI data centers and the post-Strait of Hormuz oil exploration boom
By Jordan BlumJuly 24, 2026
5 hours ago
tokens
AIAI agents
‘You just hired a million bad employees’: How the brief tokenmaxxing era delivered the opposite of what it promised
By Nick LichtenbergJuly 24, 2026
5 hours ago
bots
AIAI agents
Turns out Dead Internet Theory was right: AI agents are eating the Web, growing by nearly 8,000% and rewiring the Internet’s business model
By Mia OsmonbekovJuly 23, 2026
15 hours ago

Most Popular

The millennial generation has split, new Fed research shows: Those over 35 are edging toward boomer-style wealth, while everyone else falls behind
Real Estate
The millennial generation has split, new Fed research shows: Those over 35 are edging toward boomer-style wealth, while everyone else falls behind
By Nick LichtenbergJuly 22, 2026
2 days ago
Spain lifted the World Cup, but the IRS still gets a cut of its $50 million pay day as players, coaches and refs all face complex U.S. “jock taxes”
Personal Finance
Spain lifted the World Cup, but the IRS still gets a cut of its $50 million pay day as players, coaches and refs all face complex U.S. “jock taxes”
By Joshua HongJuly 23, 2026
1 day ago
The $39 trillion U.S. national debt isn’t as high as Japan’s and Singapore’s relative to economy size—and yet it's still worse somehow
Economy
The $39 trillion U.S. national debt isn’t as high as Japan’s and Singapore’s relative to economy size—and yet it's still worse somehow
By Sasha RogelbergJuly 23, 2026
20 hours ago
Current price of oil as of July 23, 2026
Personal Finance
Current price of oil as of July 23, 2026
By Joseph HostetlerJuly 23, 2026
1 day ago
Scott Bessent casually says the U.S. has more than $1 trillion in gold—and that it doesn’t matter for the dollar
Economy
Scott Bessent casually says the U.S. has more than $1 trillion in gold—and that it doesn’t matter for the dollar
By Sasha RogelbergJuly 22, 2026
2 days ago
Jensen Huang made his $172 billion fortune on AI chips. His family's $75 million gift to Vanderbilt argues art decides what technology is for
Big Tech
Jensen Huang made his $172 billion fortune on AI chips. His family's $75 million gift to Vanderbilt argues art decides what technology is for
By Sydney LakeJuly 23, 2026
1 day ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.