Understanding Equal Pay Rights
One would hope that we would have gotten past this by now but, unfortunately, still all too common in the workplace is a problem known as pay discrimination. More often than you may think, or want to believe, for basically similar work, seemingly equal employees are receiving different salaries from employers. Here is the thing – Equal pay for equal work is a law in New Jersey. You can not be paid less because of national origin, marital status, religion, sexual orientation, pregnancy, disability, color, race, gender, or because of your age. If you are doing the same job as another individual and feel that you are getting unjustly paid less than they are, you may have a pay discrimination case.
New Jersey Employees Protected By New Jersey’s Equal Pay Act
Protecting employees against pay discrimination, New Jersey has in place, a very strong law known as the New Jersey Equal Pay Act. Here is what we mean: When a possible pay discrimination case is brought forward, the burden of proof, rather than being placed on the employee to prove that they are being discriminated against where pay is concerned, is put upon the employer to show that they are not being discriminatory even though that person is getting paid less than other coworkers. That seems like a mouthful, but it is relatively simple. You do not have to prove you are being discriminated against. Your boss has to prove that the company is not discriminating against you (where pay is concerned).
But there is more… per The Act, you can go back as far as six years to recover damages! The Act further specifies that in comparison to your actual economic losses, you can recover three times as much – triple damages! That is, in addition, to possibly even pursuing damages that you experienced as a result of the discrimination, i.e., emotional distress. Your attorney’s fees may even be recoverable from your employer in many cases.
This is where stellar representation comes into play. To take full advantage of The Act, you want legal services that consist of individuals who are 100% familiar with the equal pay laws in New York and New Jersey. They should have a winning record, lots of experience, and, whenever possible, come highly recommended.
Discrimination In Pay Due To Race or Gender
Color, race, and gender are what pay discrimination cases are most frequently based upon. Compared to white males who do the same or similar work, people of color and women have, historically, been paid far less. Over time, this discrepancy has improved but still exists. Today, white males with the same level of experience, training, and education as Latinos, African-Americans, and/or females are still getting paid far more than their Latino, African-American, and/or female counterparts. This is against the law because it violates the gender, color, and race discrimination regulations.
Benefits cannot be deprived, the lower commission cannot be given/received, smaller bonuses cannot be awarded, and lower salaries cannot be paid on the basis of discrimination involving color, race, or gender. That is all there is to it!
Turn to Carcich O’Shea For Representation
Do you feel that you have been unfairly paid and, as a result, your rights have been infringed upon? Maybe you’ve been trying to tell somebody, but no one seems to be listening. At Carcich O’Shea, LLC, we listen. We think you deserve to be heard. Where New York and New Jersey’s fair pay laws are concerned, we are fully knowledgeable and will see to it that your rights are fairly represented.
Contact us today if you’d like to discuss what can be done to assure that you are receiving fair pay and equal rights.