Contreras

I. INTRODUCTION

In 2020, Manuel Contreras mistakenly determined his former employer, Green Thumb Produce, Inc. (Green Thumb), was violating the

Equal Pay Act (EPA; Lab. Code, 1 § 1197.5) by paying him less than other coworkers performing similar duties. However, Contreras did not believe

All further undesignated section references are to the Labor Code. Green Thumb was paying him less because of his gender, race, or ethnicity. But, “ ‘[t]he [EPA] does not prohibit variations in wages; it prohibits discriminatory variations in wages.’ ” (Allen v. Staples, Inc. (2022)

84 Cal.App.5th 188, 194.) 2 This meant the EPA did not protect Contreras from the wage difference of which he complained. When Contreras, relying on the EPA, described to supervisors his dissatisfaction with being paid less than others who did the same work, Green Thumb terminated his employment. In turn, Contreras sued Green Thumb, asserting three causes of action for wrongful termination. His second cause of action was based on section 1102.5, subdivision (b) (section 1102.5(b)), which prohibits employers from retaliating against employees who report legal violations. At trial, the jury found in Contreras’…