California's Civil Rights Department recently released Equal Pay Act statistics for 2023, mandatory reporting data from employers of 100 or more covering 7.9 million workers.

Comparing workers of individual races and ethnicities, the report showed:

• The lowest pay range of $32,329 annually and under was most likely to include 41% of Black, 41% of Latino, 39% of Native American, 25% of Caucasian workers, and less than 20% of Asian workers.
• Highest earners, $144,560 or more, reflected 59% Caucasian, 4% Latino, and 10% Black workers.

On gender:

• Male senior managers or executives outnumbered women roughly two-to-one;
• While there were fewer women in the data (47%), they comprised 54% of those in the lowest pay range, earning $32,239 or less.
• Of the reported non-binary workers, less than 10% were in the highest pay range, $144,560-plus.

Business, Consumer Services and Housing Secretary Tomiquia Moss stated: "While California continues to have one of the lowest gender pay gaps in the nation, we can't rest until we make much more progress. These numbers show where employers can focus efforts to bridge those gaps to provide opportunity and success for all Californians, and to make the phrase equal pay for equal work a reality."

Equal pay does not mean an employer has to pay everyone performing substantially similar work the same amount. Employers may take into account seniority; merit; measured production; and/or other relevant factors, not gender, race, or ethnicity.

Equal pay reports for 2025 are due on May 14.

Take-Aways:

Employers need to ensure they pay men and women and people of different races and ethnicities the same pay for the same work, with disparities based only on permitted performance and other bona fide criteria.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

• Payroll Data Reporting: May 8, 2024 Deadline for Companies with 100+ on Payroll (March 15, 2024)
• Employer's Mandatory Show & Tell: New State Guidance on Pay Rate Transparency (January 13, 2023)
• For the Record: Sound Management Practices for Personnel Documentation (August 14, 2020)

Helena Kobrin
April 11, 2025