Legal Question in Employment Law in California

It is not legal to pay an employee a lower wage than someone substantially younger who is performing the same job, solely due to their age, if over 40. Employers are not legally required to provide vacation pay or holiday pay. It is a fringe benefits most employers, but not all, offer.

Age discrimination claim would be possible if you could actually show over 40 age is the real reason for the difference in pay. That is not the same as paying different rates for different experience, etc. If you think you actually have evidence of age discrimination, feel free to contact me.

Employers are not required to provide any benefits. If they do for others, and you are claiming you are denied because of your age discrimination issue, that would be part of your claim.

If the employer is paying less money ONLY because of being over 40 years old it is age discrimination. However, if the lower pay is due to less experience newness on the job (i.e., lack of senority) or lower education then the employer could use these factors to assert justification for the lower wage and contend that it was not motivated by age. You would have the burden of proof to support the allegation that it was just based upon age. This may be difficult problem. If there are no differences other than age then you have circumstantial evidence of age discrimination on your side./ I hope this helps. Bob Worth