New Jersey Equal Pay Disparity Lawyer
Historically, women have earned less than men in the workplace even when performing the same jobs. A number of federal and state laws seek to remedy this pay disparity by holding employers accountable for discriminating against women when it comes to compensation. This includes awarding back pay and other damages to employees who have been paid less for their work without a legitimate business justification.
A qualified New Jersey equal pay disparity lawyer can advise you if you wish to pursue such a claim for damages. You do not have to accept less pay or benefits simply because of your sex. At Poulos LoPiccolo PC, we represent many New Jersey workers who have been the victims of illegal pay discrimination and we will fight for your rights under the law.
Pay Disparity Covers All Forms of Worker Compensation
Both Congress and the New Jersey legislature have adopted Equal Pay Acts to combat various forms of discrimination when it comes to compensation. New Jersey’s Equal Pay Act applies not just to sex discrimination, but also discrimination based on a number of other legally protected characteristics, including race, nationality, age, marital status, disability status, and sexual orientation or gender identity or expression. If you are a member of a protected class, your employer cannot pay you less for “substantially similar work” than other employees who do not belong to that same protected class.
Pay disparity cases are often more complicated than other types of employment discrimination cases. One reason for this is that an employer can justify a pay disparity based on a number of legitimate business interests. For example, an employer can use a bona fide seniority or merit-based system to pay employees at different rates for similar work. An employer can also cite differences in training, education, experience, or productivity as legitimate grounds.
A pay disparity may also not be immediately apparent. An important thing to understand is that the Equal Pay Act covers all forms of compensation. So if a male employee receives higher fringe benefits than a female employee performing substantially similar work, that is still illegal even if both earn the same base salary or hourly wage.
New Jersey Contract Dispute Lawyers Serving Ocean, Monmouth & Middlesex County
When an employee establishes an illegal pay disparity, a court can order a variety of remedies under the Equal Pay Act. This includes not just ordering the employer to cease and desist from further violations in the future, but also compensating any employees for any prior pay disparity. The employee may receive lost wages and benefits as well as additional compensatory damages for their emotional distress and legal fees or court costs associated with bringing their Equal Pay Act claim. In serious pay disparity cases, a court can even order an employer to pay punitive damages.
So if you have been treated less favorably than your similarly situated colleagues when it comes to compensation and you need legal advice from a skilled New Jersey equal pay disparity lawyer, contact Poulos & LoPiccolo PC today to schedule an initial consultation.