8 | 2023 Cal-Peculiarities ©2023 Seyfarth Shaw LLP www.seyfarth.com limits the factors an employer may cite to justify a pay disparity and requires that the cited factors justify the entire pay differential, forbids employers to rely on the factor of prior salary as the sole basis to justify a pay disparity, forbids employers to inquire into an external job applicant’s compensation history, requires employers to provide applicants, upon their “reasonable request,” with “the pay scale” for the sought-after position, and requires larger employers to file annual reports of pay data, counting employees—by race, ethnicity, and sex—in various job categories, together with their pay in pay bands as established by the Bureau of Labor Statistics see § 6.7). Sex Discrimination California, going beyond federal law on sex discrimination (as stated in Title VII), entitles women as well as men to wear pants in the workplace (see § 6.8), and has expanded the prohibition against sex discrimination to include discrimination because of “breastfeeding or medical conditions related to breastfeeding” as well as discrimination because of “gender,” defined to mean “actual sex” or perception thereof, including the employee’s “gender, gender identity, and gender expression,” and expressly protects transgender individuals (see § 6.9). Religious Discrimination California, going beyond federal law on religious discrimination (as stated in Title VII), explicitly protects religious dress and grooming practices, requires religious accommodation absent “undue hardship,” which California defines much more narrowly than federal law does, and forbids employers to use segregation in the workplace as a means of a religious accommodation (see § 6.10). Wage and Hour California, going beyond federal wage and hour law (as stated in the Fair Labor Standards Act), requires employers to provide paid sick leave (see § 2.14), imposes an escalating minimum wage far above the federal level, and requires that employers pay separately for each hour of work, including the unproductive time of piece-rate and commissioned employees (see § 7.2), expands the concept of “hours worked” to include not only time required of an employee that benefits the employer but also any time “subject to the control” of the employer (see § 7.3.2),
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