Cherry Hill Wage Discrimination Lawyers

Equal Pay Laws

Women Still Make Less than Men

The pay disparity between men and women in New Jersey and across the country has been evident for decades. New Jersey female workers received only 69 percent of the salary men were paid, according to the U.S. Census Bureau 2014 American Community Survey. Frankly, there is no reason a woman in New Jersey should earn less than a man for the same work

Luckily, paying a woman less than a man for substantially similar work is wrong and unlawful. McOmber & McOmber’s experienced employment lawyers can help recover the wages you rightfully deserve.

Equal Pay Act

The New Jersey Equal Pay Act, which amends the New Jersey Law Against Discrimination (NJLAD), to account for discrimination in the rate or method of payment of wages to an employee based on his or her sex. The Act bans employers from paying women less than men for substantially similar work. The State law further protect employees by allowing victims of discrimination to receive up to six years’ worth of back pay.

New Law Provides Additional Protections for New Jersey Employees

Employers are also prohibited from requiring employees to waive their right to not disclose pay history information and retaliating against employees who discuss pay equity with legal counsel, a government entity or other employees. The statute of limitations is six years, however back pay will be available for the entire period of continuing violations that occurred during the six-year limitation.

Each occasion of discriminatory practices concerning wages, benefits or other compensation that affects an individual constitutes a separate violation. Employees or applicants will also be entitled to treble damages (triple the amount of compensatory damages) in situations where the employer violated the equal pay or non-retaliation provisions of the bill.

The Equal Pay Act (EPA) requires that male and female employees are given equal pay for equal work. Although the law protects both sexes, violations almost always arises out of a woman being paid less than her male counterpart.

New Law Provides Additional Protections for New Jersey Employees

Under the new laws, employers are also prohibited from requiring employees to waive their right to not disclose pay history information and retaliating against employees who discuss pay equity with legal counsel, a government entity or other employees. The statute of limitations is six years, however back pay will be available for the entire period of continuing violations that occurred during the six-year limitation.

Each occasion of discriminatory practices concerning wages, benefits or other compensation that affects an individual constitutes a separate violation. Employees or applicants will also be entitled to treble damages (triple the amount of compensatory damages) in situations where the employer violated the equal pay or non-retaliation provisions of the bill.

Federal Law

In addition to State law, the Federal Equal Pay Act (EPA) requires that male and female employees are given equal pay for equal work. Although the law protects both sexes, violations almost always arises out of a woman being paid less than her male counterpart.

The EPA covers all types of employment compensation including salary, overtime pay, commission rates, bonuses, vacation and holiday pay, pensions, insurance benefits, and other privileges such as use of company equipment. Other laws that prohibit pay disparity include Title VI of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA).

Lilly Ledbetter Fair Pay Act 2009, signed by President Obama, amended federal equal pay laws. Prior to the Act, claimants were limited to a narrow 180-day time period for which to file an employment discrimination complaint concerning compensation. The Act extended that time frame and also allows victims of wage discrimination to recover back pay of up to two years before the charge was filed.

Protect Your Career Today

Employees suspecting wage discrimination should consult an experienced and reputable employment lawyer as soon as possible. Equal Pay Act claims can be difficult to win without the assistance of qualified legal counsel. Moreover, a lawyer can help to determine if the employer violated any other federal or state laws that could result in additional remuneration for the affected employee.

Cherry Hill Employment Lawyers at McOmber & McOmber, P.C. Advocate for Employees’ Right to Equal Pay for Equal Work

If you have been a victim of wage discrimination or sex discrimination, or have suffered retaliation or harassment in the workplace for filing a complaint, we can help. At McOmber & McOmber, our Cherry Hill employment lawyers are dedicated to helping victims of employment discrimination obtain the justice and the compensation they deserve. Contact us online or call our Marlton, New Jersey offices at 856-985-9800 or our Red Bank, New Jersey offices at 732-842-6500 to schedule a free and confidential consultation.