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 for a confidential review of your case.
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.
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.
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.
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.
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.
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.
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.
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.
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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Sheila represented me in two relatively complicated employment litigation matters, both of which resulted in favorable outcomes for me. Sheila impressed me as knowledgeable, accessible, diligent, and exceedingly professional. Her excellent “bedside manner” helped to minimize stress that I know is somewhat inevitable in litigation. I highly recommend Sheila to prospective clients wholeheartedly and without reservation.
I retained the services of Sheila O’Shea-Criscione to represent me against harassment and discrimination in my place of work. She came highly recommended and did not disappoint. Sheila directed me to the right course of action, clearly explaining each step and expected outcome. She was consistently available via phone, email, or text for emotional and professional support. Sheila is an excellent attorney and a warm, kind person. In the midst of a difficult situation, she paved the way to a successful outcome. I am a stronger and more confident person thanks to Sheila!
Sincerely,
Marie Coschigano
After numerous harassment and bullying encounter with my superiors, I was desperate for guidance and help as to what my legal rights were to try and put a stop to this behavior.
I turned to a number of attorneys. After talking on the phone, all declined to take my case. Sheila was the only one who took my call and then invited me to her office to explain my situation, from that first meeting until she resolved the case, she guided and supported me. She was never tired of my phone calls and text messages. There were times when I was on the verge of resigning, but she encouraged me and told me to hang in there and be patient. She was convinced of a positive outcome if we stuck with her “game plan” even when I became skeptical and began to doubt the direction we were going.
If you should ever need legal assistance, I highly recommend Sheila – a great lawyer and a wonderful person.