Ca_Law

labor_form_guidance | California

File an Equal Pay Act Claim

  • UIDca_dlse_claims_retaliation_forms:https-www-dir-ca-gov-dlse-equal-pay-act-instruction-guide-pdf
  • CitationN/A
  • Court / bodyCalifornia Labor Commissioner's Office / DLSE
  • Decision dateN/A
  • CollectionCA_DLSE_CLAIMS_RETALIATION_FORMS
  • SourceOriginal

Summary

File an Equal Pay Act Claim

Text

LABOR COMMISSIONER,  STATE OF  CALIFORNIA  
DEPARTMENT OF INDUSTRIAL RELATIONS – DIVISION OF LABOR STANDARDS ENFORCEMENT 
INSTRUCTIONS AND GUIDE FOR FILING AN EQUAL PAY ACTCOMPLAINT 
Fill	 out	 and	 submit	 the	 “Equal	 Pay	 Act	 Complaint" Form (EPA	 ‐1). Please	 read	 the	 following Instructions	 to	 ensure	 that	 
you are	
 completing	 the	 Form	 correctly.	 Please	 respond fully	 to	 all	 questions.	 An	 incomplete	 Form	 will	 result	 in	 delayed 
processing. 
WHAT TO EXPECT AFTER YOU FILE YOUR COMPLAINT 
1)	 Investigation. In most	 cases,	 you	 will	 receive	 a	 letter from	 the Labor Commissioner	 letting	 you	 know	 to	 whom	 your 
complaint	 has	 been	 assigned.	 After	 this	 happens,	 a	 deputy	 will	 contact	 you	 to	 interview	 you, and	 will	 also	 most	 likely
interview	 your	 witnesses,	 the	 employer,	 and	 the employer’s	 witnesses. In	 addition	 to	 the	 investigation,	 the	 deputy	 may 
also discuss	 settlement	 options	 with	 you. 
2)	 Conference & Hearing. In some	 cases,	 you may	 be	 asked	 to come to the	 DLSE	 for a	 conference	 or	 a hearing.	 If	 you 
receive	 one	 of	 these	 notices,	 the	 deputy will	 explain	 what you	 need to	 bring	 with	 you. 
3)	 Determination. After	 the	 deputy	 concludes	 his	 or	 her investigation,	 he	 or	 she	 will	 write	 a	 report	 and	 the	 DLSE	 will	 make
a	 decision,	 known	 as	 a determination, on your	 case.	 If	 the decision	 is	 in your	 favor,	 the	 DLSE	 will	 work	 with	 the	 employer 
to enforce	 the	 decision. If	 the	 decision is	 in	 the	 favor	 of	 the employer,	 you	 will	 have	 a right to an appeal, 	the 	details of
which	 you	 will	 be	 told	 in	 the	 determination. 
4)	 Staying in Touch. It	 is	 your responsibility	 to	 keep	 the	 deputy	 informed	 of	 any address	 or	 telephone	 number	 changes.	 If 
the deputy is	 unable to	 locate you,	 he	 or	 she	 may be	 forced	 to	 close	 your	 case. 
GUIDE TO COMPLETING “EQUAL PAY ACT COMPLAINT” FORM 
PRELIMINARY QUESTIONS 
These questions are in relation to your currentcomplaint. 
1.  Equal Pay Act Complaint. This form is to be used for complaining about being paid less than a person of the opposite sex, of 
another race
, or of another ethnicity who is performing substantially similar work to the work you perform. For frequently 
asked questions related to the Equal Pay Act, go to www.dir.ca.gov/dlse/California_Equal_Pay_Act.htm. 
2.  Labor Commissioner Investigation. It is unlawful for an employer to retaliate or discriminate against you (for example, fire, 
threaten to
 fire, demote, suspend, or discipline you) because you speak with a Labor Commissioner Investigator about your 
working conditions, including speaking with an agent of the Labor Commissioner's Bureau of Field Enforcement (BOFE). Check 
the “YES” box if you spoke with a Labor Commissioner investigator (for example, during an inspection of your workplace) about 
your working conditions, and enter the date on which the conversation took place and the name of the investigator. 
3.  Wage Claim. It is unlawful for an employer to retaliate or discriminate against you (for example, fire, threaten to fire, demote, 
suspend, or
 discipline you) because you filed a wage claim with the Labor Commissioner. Check the “YES” box if you filed a 
wage claim and enter the date on which you filed. If you have not filed a wage claim and would like to file one, you may ask 
DLSE staff for a copy of the wage claim form or download it at http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm. 
4.  Other Employees Filing Equal Pay Act Claims? Check “YES” if you know that other employees are filing an Equal pay Act 
complaint a
gainst your employer. The Equal Pay Act is a California law that can be found in the California Labor Code 
§1197.5. 
EPA Instruction Guide 1.1 (August 2017)  (Page 1 of 4)

LABOR COMMISSIONER, STATE OF CALIFORNIA 
DEPARTMENT OF INDUSTRIAL RELATIONS – DIVISION OF LABOR STANDARDS ENFORCEMENT 
PART 1: Language Assistance & Representation 
5a.  Interpreter Needed? Check “YES” if your primary language is not English and you want an interpreter to assist you. 
5b. Language. If you checked “YES” to Box 5a indicating that you need an interpreter, enter the language of the interpreter 
needed.
 
6a. Name of Advocate. If yo u are being assisted with your claim by a lawyer or other advocate, enter the name and organization 
of the person who is assisting you. 
6b. Phone Number of Advocate. If you are being assisted with your claim by a lawyer or other advocate, enter the phone 
number at
 which your advocate can be contacted. 
6c.  Mailing Address of  Advocate. If you are being assisted with your claim by a lawyer or other advocate, enter the mailing 
address of
 your lawyer or other advocate. Include the street name and number, as well as any floor or suite number, city, state, 
and zip code. DLSE will mail copies of information related to your claim to the address of your advocate that you enter here. 
6d.  Email Address  of Advocate. If you are being assisted with your claim by a lawyer or other advocate, enter the email address 
of your lawyer or other advocate. 
PART 2: Employer Information 
7.  Employer/Business Name(s). Enter the complete name of your employer against whom you are filing the claim, to the best of  
your kno
wledge. If your employer has more than one business name (including a “doing business as” or DBA name), list all  
names that you know. If you are a garment worker or car wash worker, and your employer has closed its business and  
opened up under a new name, list both the new name (if you know it) and the previous name of your employer.  
8.  Employer License Plate Number. Enter your employer’s vehicle license plate number, if you know this information. 
9.  Phone Number of Employer. Enter the telephone number of your employer, with area code, if you know this information. 
10.  Address of Employer/Business. Enter the last known address of your employer. List the street name; number; floor, suite or 
room number (if
 any); city; state; and zip code. This address may be different from the address where you worked (which you 
should list in Box 11). If you are a garment worker or car wash worker, and your employer has changed its business address 
since you worked for the employer, list both the new business address and the previous address, if you know this information. 
11.  Address Where You Worked. Enter the address where you performed work, if different from the address you listed in Box 10. 
List the street
 name; number; floor, suite or room number (if any); city; state; and zip code. 
12.  Name of Person in Charge. Enter the first and last name of the person in charge at the location where you worked, if you know 
the name. This
 could be the owner, your supervisor, a manager, or another person who ran the business or oversaw your work. 
13.  Job Title/Position of Person in Charge. Enter the job title of the person in charge, if known. Example: “FloorManager.” 
14.  Type of Business. Enter the type of business or industry in which your employer was conducting business. 
15.  Type of Work Performed. Enter the type of work you did for your employer. 
16.  Total Number of Employees. Enter the approximate total number of workers employed by your employer, if you know. 
17.  Still in Business? Check “YES” if you know that your employer is still operating its business. 
18.  Description of Business Entity . Check the box indicating whether your employer is a corporation, individually owned, a 
partnership, a
 limited liability company (LLC), or limited liability partnership (LLP), if you know this information. 
PART 3:  EMPLOYMENT STATUS 
19.  Work Status. Indicate whether you still work for your employer; whether you quit your job; whether you were discharged; 
whether you we
re suspended; or whether another situation applies (check the “other” box and briefly specify your situation – 
for example, “on disability leave”). 
20.  Rate of Pay. If you no longer work for the employer, what was your final rate of pay? Example, $10 per hour. If you are still 
working for the
 employer, leave this field blank. 
PART 4: YOURCOMPLAINT  
Please be aware that thisspecific portion of yourcomplaint may beshared with your employer,  
sodo not write the name of any witness for you, such as another employee, colleague, or co-
worker that witnessed what happened.  
21.  Your Job Title. What is your current or final job title? Even if you no longer work for the employer; this information is  
Important to provid
e.  
EPA Instruction Guide 1.1 (August 2017)  (Page 2 of 4)

LABOR COMMISSIONER, STATE OF CALIFORNIA 
DEPARTMENT OF INDUSTRIAL RELATIONS – DIVISION OF LABOR STANDARDS ENFORCEMENT 
22.  Your Job Duties. List your job duties. 
23.  Your Wage Rate. State all your compensation at your job. Include your base salary and any additional compensation you  
received.  
24.  Comparator’s Information. “Comparator” is the employee or employees of the opposite sex, of another race, or of another 
ethnicity, who
 performs (or performed) substantially similar work as you and who is paid more. State the comparator’s full 
name, job position, duties, sex, race, ethnicity, location where the employee works, and the compensation this other 
employee receives. Include base salary and any additional compensation this employee receives (bonuses, commissions, 
other). If you do not have specific or complete information, provide the information that you do have. 
25.  a. Employer Reasons. If you asked your employer why you are paid less, state your employer’s response. Regarding the 
reasons your emp
loyer may have given you to explain why you are not paid the same as the other employee performing 
substantially similar work, do you have reason to believe that the reasons given by your employer are not the real reasons 
for the pay difference? 
b. Potential Employer Reasons. If you have not asked your employer about why you paid less, state what reason you believe 
your employer would
 give for the unequal pay. 
26.  Other Relevant Information. Describe any other information that supports your Equal Pay Act complaint. For example, if 
your job title is
 different from that of the employee of the opposite sex, race, or ethnicity who earns more than you, state 
why you believe you are performing substantially similar work. 
27.  Retaliation. If you inquired about or discussed wages, or exercised your rights or assisted any other employee to exercise 
rights under the
 Equal Pay Act, and your employer retaliated against you for doing so, you can submit a separate Retaliation 
Complaint (Form RCI‐1) to the Labor Commissioner. You must do so within six months of when you were retaliated against. 
PART 5: Your Information 
The name of the complainant shall be confidential until the Labor Commissioner establishes the 
validity of the complaint, unless the complainant’s name must be disclosed to investigate the 
complaint. The complainant’s name shall remain confidential if the complaint is withdrawn before 
the complainant’s name is disclosed. 
28.  Your First Name. Enter your firstname. 
29.  Your Last Name. Enter your lastname. 
30.  Your Home Phone Number. Enter your home telephone number, with area code. 
31.  Other Phone Number. Enter the phone number, with area code, of another phone at which DLSE can reach you (for example, a 
cell phone that
 you use). 
32.  Your Date of Birth. Enter your date of birth. Include the month, day, andyear. 
33.  Your Mailing Address. Enter your mailing address. Include the street name and number, as well as any floor or apartment 
number, city
, state, and zip code. DLSE will mail copies of information related to your claim to your address that you enter here. 
You must inform DLSE immediately of any change in your mailing address. 
34.  Email Address. If you have an email address, please enter it here. 
35. Date of Hire. Enter the date you were hired. Enter an approximate date if you don’t remember the exact date.  
NEWEMPLOYMENT.  
Have you started a new job. If you fo und a new job and you are currently working, check “Yes.” If you are not currently working,  
check “No.”  
Name of new employer. Fill in the name of your current employer if you are currently working at a new job. If you are not currently  
working, leaveblank.  
Date you
 started new job. Fill in the date you began working at your new job. If you are not currently working, leave blank.  
Rate of pay. If you are currently working for a new employer, what is your current rate of pay? Example, $10 per hour. If you are  
not currently wo
rking, leave blank.  
EPA Instruction Guide 1.1 (August 2017)  (Page 3 of 4)

LABOR COMMISSIONER, STATE OF CALIFORNIA 
DEPARTMENT OF INDUSTRIAL RELATIONS – DIVISION OF LABOR STANDARDS ENFORCEMENT 
PART 6: WITNESSES 
If anyone has information in connection with the Equal Pay Act violation you are complaining about, please give us their name, title, 
address, pho
ne number. Briefly describe the information that they have that supports your claim. This information is confidential, 
and the Labor Commissioner will not reveal their identities unless it becomes necessary to do so to proceed with the 
investigation or for the enforcement of the Labor Commissioner’sDetermination. 
PART 7: REMEDIES 
What do you hope happens as a result of your complaint? If a violation is proven, employers may have to pay you for your lost 
wages, and
 an equal amount in liquidated damages. Please think carefully about what specifically could resolve this problem for you 
today. 
COMPLAINTS NOT HANDLED BY THE LABOR COMMISSIONER 
Discrimination Complaints Based on Race, Color, National Origin, Ancestry, Religion, Age, Disability, Medical Condition, 
Genetic Information, Sexual Orientation, Familial Status, Sex, Marital Status, Military or Veteran Status are not handled by the Labor 
Comm
issioner. These complaints are handled by the Department of Fair Employment and Housing. Please see www.dfeh.ca.gov or 
call 1‐80
0‐ 864‐1684 or the Equal Employment Opportunity Commission at www.eeoc.gov or call 1‐800‐669‐4000. As indicated 
above, th
e Labor Commissioner’s Office does handle claims under the Equal Pay Act alleging unequal pay (based on sex, race, or 
ethnicity). 
EPA Instruction Guide 1.1 (August 2017) (Page 4 of 4)

Retrieval chunks

  • #1

    LABOR COMMISSIONER, STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS – DIVISION OF LABOR STANDARDS ENFORCEMENT INSTRUCTIONS AND GUIDE FOR FILING AN EQUAL PAY ACTCOMPLAINT Fill out and submit the “Equal Pay Act Complaint" Form (EPA ‐1). Please read the following Instructions to ensure that yo…

  • #2

    2. Labor Commissioner Investigation. It is unlawful for an employer to retaliate or discriminate against you (for example, fire, threaten to fire, demote, suspend, or discipline you) because you speak with a Labor Commissioner Investigator about your working conditions, including speaking with an agent of the Labo…

  • #3

    and zip code. DLSE will mail copies of information related to your claim to the address of your advocate that you enter here. 6d. Email Address of Advocate. If you are being assisted with your claim by a lawyer or other advocate, enter the email address of your lawyer or other advocate. PART 2: Employer Informati…

  • #4

    17. Still in Business? Check “YES” if you know that your employer is still operating its business. 18. Description of Business Entity . Check the box indicating whether your employer is a corporation, individually owned, a partnership, a limited liability company (LLC), or limited liability partnership (LLP), if …

  • #5

    substantially similar work, do you have reason to believe that the reasons given by your employer are not the real reasons for the pay difference? b. Potential Employer Reasons. If you have not asked your employer about why you paid less, state what reason you believe your employer would give for the unequal pay. …

  • #6

    Name of new employer. Fill in the name of your current employer if you are currently working at a new job. If you are not currently working, leaveblank. Date you started new job. Fill in the date you began working at your new job. If you are not currently working, leave blank. Rate of pay. If you are currently wor…