Potential Problems With The California Fair Pay Act

Law360, New York (October 8, 2015, 11:42 AM EDT) -- California Gov. Jerry Brown signed the California Fair Pay Act ("CFPA") into law on Oct. ­­­6, 2015, effective Jan. 1, 2016. Although the statute's laudable goal is to reduce the gender gap in pay, this legislation demonstrates how difficult it is to craft rules to accomplish that objective without violating federal rights and distorting labor markets. This article discusses the likely difficulties courts will have in construing and enforcing the law and the problems employers will have in complying with its terms....

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