• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

McOmber McOmber & Luber, P.C.

Business & Employment Lawyers Red Bank & Marlton New Jersey

732-842-6501
  •   Free Consultation
  • Home
  • Firm Overview
    • History of the Firm
    • Attorney Referrals
    • NJ Civil Certified Attorney
    • 50 Year Anniversary
  • Practice Areas
    • Business Law
      • Business Law Practice Areas

      • Business Formation
      • Buy-Sell Agreements
      • Commercial Disputes
      • Dispute Resolution and Arbitration
      • Shareholder Disputes
    • Class Actions
      • Class Action Practice Areas

      • Equal Pay Act
      • Overtime Pay
      • Tip Skimming
      • Misclassified Employees
      • Consumer Fraud Attorney
      • Data Breach Lawyer
    • Collections
      • Collections Practice Areas

      • Commercial Collections
      • Debt Collections
      • Judgment Enforcement
      • Personal Guarantee
      • Promissory Notes
    • Employment Contracts
      • Employment Contacts Practice Areas

      • Confidentiality and Non-Disclosure Agreements
      • Executive Agreements
      • Non-Compete Agreements
      • Severance Packages
    • Employment Discrimination
      • Employment Discrimination Practice Areas

      • Age Discrimination
      • Americans with Disabilities Act (ADA)
      • Disability Discrimination
      • Gender Discrimination
      • HIV or Aids Discrimination
      • Hostile Work Environment
      • LGBT Discrimination in the Workplace
      • Pregnancy Discrimination
      • Racial Discrimination
      • Religious Discrimination in the Workplace
      • Sexual Orientation Discrimination in the Workplace
      • Wage Discrimination
      • EEOC Claims
    • Employment Law
      • Employment Law Practice Areas

      • At-Will Employment
      • EEOC Claims
      • FMLA
      • New Jersey Division on Civil Rights
      • New Jersey Family Leave Act
      • New Jersey Law Against Discrimination
      • New Jersey Paid Sick Leave
      • Reduction in Force
      • Unemployment Compensation Appeals
      • Wrongful Termination
      • Misclassified Employees
      • Medical Leave Benefits in New Jersey
      • Work From Home Laws
    • Government Fraud/False Claims Act
      • False Claims Act Practice Areas

      • Qui Tam Action
      • Prevailing Wage & False Claims Act
    • Litigation
      • Litigation Practice Areas

      • Civil Litigation
      • Contract Litigation
    • Personal Injury
      • Personal Injury Practice Areas

      • Nursing Home Negligence
      • Product Liability
      • Uber Assault, Fraud, and Harassment
    • Real Estate
      • Real Estate Practice Areas

      • Land Use, Planning and Zoning
    • Sexual Harassment
      • Sexual Harassment Practice Areas

      • Hostile Work Environment Sexual Harassment
      • Housekeeper Sexual Harassment
      • LGBT Sexual Harassment
      • Medical Professional Abuse
      • Quid Pro Quo Sexual Harassment
      • Sexual Abuse
      • Sexual Harassment in Doctors’ Offices
      • Sexual Harassment in Nursing
      • Sexual Harassment of Administrative Assistants
      • Sexual Harassment of Housekeeping and Janitorial Workers
      • Sexual Harassment Retaliation
      • Sexual Harassment in Healthcare
      • Sexual Harassment in Dental Offices
      • Sexual Harassment in the Entertainment Industry
      • Sexual Harassment in Bars and Restaurants
    • Wage & Hour
      • Wage & Hour Practice Areas

      • Equal Pay Act
      • Overtime Pay
      • Tip Skimming
      • Tipped Employees
    • Whistleblowing & Retaliation
      • Whistleblowing & Retaliation Practice Areas

      • Conscientious Employee Protection Act (CEPA)
      • Whistleblower
      • Workplace Retaliation
      • Consumer Fraud Attorney
    • Other Legal Services
      • Other Legal Services

      • Estate Law
  • Our Successes
    • Client Reviews
    • Verdicts & Settlements
  • Team
  • FAQs
  • News
  • Locations
  • Contact Us
Guidelines Published to Clarify New Jersey Equal Pay Act Requirements | Header Image | McOmber McOmber & Luber

Guidelines Published to Clarify New Jersey Equal Pay Act Requirements

March 19, 2020 by Red Bank Legal

The New Jersey Division of Civil Rights recently published a guide sheet for employers and employees providing clarity on the protections of the Diane B. Allen Equal Pay Act, which went into effect July 2018. The Equal Pay Act prohibits an employer from paying an employee who is a member of a protected class less than what it pays an employee who is not a member of that protected class for substantially similar work.

The law, enacted by Gov. Phil Murphy, made New Jersey’s state protections against gender-based pay discrimination stronger than federal law, and the strongest protections in the United States. It strengthened the equal pay protections of the New Jersey Law Against Discrimination (NJLAD). The Act also amended the NJLAD to impose substantial penalties against employers who violate the law.

Equal Pay Act Guidance

The guide sheet summarizes the changes that the Act made the NJLAD. The guidelines are divided into two sections. The first section provides an overview of the Equal Pay Act, while the second section contains frequently asked questions about the act. The guidance explains the Act in clear, understandable terms for employers and employees. It also provides information as to how the Division of Civil Rights interprets the Act. This has been a source of issue in the past, as the Division has received several complaints under the Equal Pay Act to date.

The guidance condenses the changes that the Act made to the NJLAD and how the changes affect employers and employees. In addition to answering frequently asked questions, its intention is to apprise employers of their obligations and employees of the rights afforded to them under the law.

The Act covers virtually all employers in New Jersey. This includes employers that are not physically “located” in New Jersey. The guidance makes clear that the employer need only have employees with a primary place of work in New Jersey for the Act to apply. Additionally, the employer need not have a minimum amount of employees for the Act to apply. Nearly all employees are covered by the Act. This includes full-time, part-time, seasonal, per-diem, and temporary employees. It does not, however, apply to federal employees or domestic employees.

Additions to the Act

Moreover, the guide sheet explains further that the Equal Pay Act added a new sub-section to the NJLAD, N.J.S.A. §10:5-12(t). Subsection (t) prohibits an employer from paying any employee “who is a member of a protected class at a rate of compensation, including benefits, which is less than the rate paid by the employer to employees who are not members of the protected class for substantially similar work, when viewed as a composite of skill, effort and responsibility.” The guidelines also provide that the employer is liable under the Act unless it can demonstrate that the disparity in pay is made by virtue of a seniority system or a merit system. Alternatively, the employer may demonstrate the following five criteria:

1. That the pay differential is made pursuant to a seniority system or a merit system; or
2. That all five of the following are true:

a. “That the [pay] differential is based on one or more legitimate, bona fide factors
other than the characteristics of members of the protected class, such as training,
education or experience, or the quantity or quality of production;
b. That the factor or factors are not based on, and do not perpetuate, a differential in
compensation based on sex or any other characteristic of members of a protected
class;
c. That each of the factors is applied reasonably;
d. That one or more of the factors account for the entire wage differential; and
e. That the factors are job-related with respect to the position in question and based
on a legitimate business necessity. A factor based on business necessity shall not
apply if it is demonstrated that there are alternative business practices that would
serve the same business purpose without producing the wage differential.”

Employment Discrimination Attorneys At McOmber McOmber & Luber, P.C. Advocate On Behalf Of Victims Of Employment Discrimination

If any of the above examples seem like your experience at work, please let us help you. The employment discrimination lawyers at McOmber McOmber & Luber, P.C. can help you. Call our Red Bank office at 732-842-6500, our Marlton office at 856-985-9800, our Newark office at 973-878-9040, or contact us at 888-396-0736 or online for a free consultation. We represent clients throughout New Jersey.

Filed Under: Employment Discrimination, Employment Lawyers

Primary Sidebar

Red Bank Office

  • 54 Shrewsbury Avenue, Red Bank, NJ 07701
    732.842.6500
    732.530.8545

Marlton Office

  • 50 Lake Center Drive Suite 400, Marlton, NJ 08053
    856.985.9800
    856.263.2450

Newark Office

  • 60 Park Place Suite 307, Newark, NJ 07102
    973.878.9040
    973.310.5216

New York Office

  • 11 Broadway, Suite 615 New York, NY 10004
    929.566.1300

Philadelphia Office

  • 1650 Market Street, Suite 3600 - No. 973 Philadelphia, PA 19103
    267.777.7800

Footer

McOmber McOmber & Luber, P.C.

McOmber McOmber & Luber, P.C. is focused on delivering exceptional representation and responsive client service. We tailor innovative and cost-effective solutions for each matter we handle.

Quick Links

  • Home
  • Firm Overview
  • Practice Areas
  • Team
  • Office Locations
  • FAQ
  • Press
  • Our Successes
  • Contact Us
  • Awards & Honors
  • Attorney Referrals
  • Civil Certified Attorney
  • Careers
  • Blog
  • Client Reviews
  • Comprehensive Guides

Practice Areas

  • Business Law
  • Collections
  • Employment Contracts
  • Employment Discrimination
  • Employment Law
  • Litigation
  • Personal Injury
  • Real Estate
  • Sexual Harassment
  • Wage & Hour Attorney
  • Whistleblower Retaliation
  • Other Legal Services

Copyright © 2025 · McOmber McOmber & Luber, P.C. All Rights Reserved

  • Privacy Policy
  • Cookie Policy
  • Disclaimer
  • Site Map

No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Results may vary depending on your particular facts and legal circumstances.

Disclaimer: This website’s information does not, and is not intended to, constitute legal advice or form an attorney-client relationship. All content is for general information and may not constitute the most up-to-date legal information. You should consult with an attorney for advice on specific legal problems. Read the full Disclaimer here.

California Consumer Privacy Act (CCPA) Opt-Out IconYour Privacy Choices Notice at Collection