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Equal Pay

The Equal Pay Act is a law that obligates employers to pay the same wage for the same level of work and responsibility. It was designed to protect workers from discriminatory behavior by employers where some people were paid more than others for the same job. Oftentimes, this type of discrimination happened along gender lines although other parameters exist. If you feel that you are the victim of this kind of discrimination, you can file a claim under the Equal Pay Act. Come talk to us at Carcich O’Shea, LLC for a confidential review of your case.

Understanding Equal Pay Claims

The Equal Pay Act was passed by the United States Congress in 1963. Under it, it requires employees to get the same pay for the same work and responsibilities. Under this law, the employee must prove that the work he or she is doing is exactly the same (skills, responsibilities, etc.) as another higher-paying job in the same organization. The employee does not need to prove that the discrimination was along gender lines for the suit to be successful.

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Why Should You Hire Attorneys For Equal Pay Claims?

Given the nuanced nature of equal pay claims, it is important to engage a lawyer the minute you know that there is a problem with the pay structure. A lawyer will immediately start to guide you on what kind of evidence is required to prove the claims. This makes it more likely that your case will be a success. The other important reason to bring a lawyer on board is the fact that your employer is likely to fight back with his or her lawyers. Without an experienced attorney by your side, you are likely to lose your case.

Common FAQs About Equal Pay

What do I need to prove when making an equal pay claim?

The law requires you to prove that you are doing the same job, with the same responsibilities and working conditions for less pay. The act, however, recognizes exemptions to this rule such as under a merit or seniority system.

What is due to me if I win an equal pay claim?

This differs from case to case but generally, the law may demand that you be promoted to your rightful position. The court may also order the payment of the differential amounts owed to you. If the employer is found to have willfully conducted such a discriminatory policy, the court may add more punitive measures against him or her.

How can I know if the wage discrepancy is legal?

Given that there are legitimate reasons why two employees can have different pay, it is best to talk to a lawyer first. This way, you get a professional review of your case and whether you qualify to file a claim under the Equal Pay Act.

Can I be fired for filing an equal pay claim?

No. Your employer would be breaking the law if he or she fired you for bringing such a claim. If you feel that you are being punished for demanding equal pay, talk to an experienced employment attorney for advice.

Does this act also protect men from discrimination?

Yes. Even though a large number of claims under this law involve women being discriminated in the workplace, there are instances where men are paid less for equal work. In such cases, the aggrieved employees are free to file claims under this act.

Areas of Expertise

In representing both small businesses and employees, our philosophy is to provide employers with the necessary information and training to ensure a safe and productive workplace. In regard to employees whether dealing with discrimination, sexual harassment, hostile workplace, medical leave or other workplace issues we can provide guidance and peace of mind.

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Choose Carcich O'Shea, LLC For Experienced Employment Law Attorneys

Carcich O’Shea, LLC is dedicated to bringing justice to your situation. We listen to your situation and provide the best possible way to get a settlement from your claims. You’re hiring top-notch attorneys by working with us! Mr. Carcich was recently selected for Super Lawyers, whereas Ms. O’Shea has been named in (201) Magazine’s “Bergen’s Best Attorneys”. We will manage your case from beginning to end.

If you have more questions about our legal expertise in employment litigation, feel free to contact us today. Alternatively, you may call us at 201-988-1308 or send an email to  carcichoshea@gmail.com .

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