How Do I Prove a Violation of the Equal Pay Act?
Under both the EPA and the FPA, the employee has the burden of proving that the employer is not paying equal wages to employees of the opposite sex for equal or substantially similar work. The employee must show that:
- The employer pays different wages to employees of the opposite sex for substantially similar work
- The work requires equal skill, effort, and responsibility
- The work is performed under similar working conditions
Once the employee has established a prima facie case, the employer has the burden of proving that the pay differential is due to a seniority system, a merit system, a system that measures earnings by quantity or quality of production, or a differential based on any other factor other than sex.
If the employer can prove that the pay differential is due to one of these reasons, the employee can still prevail by proving that the employer's reason is pretextual. In other words, the employee can prove that the employer's reason is a false excuse for paying the employee less than the employee of the opposite sex.
Can My Employer Retaliate Against Me for Filing a Pay Discrimination Claim?
Both the EPA and the FPA prohibit employers from retaliating against employees who file claims or otherwise exercise their rights under the law. Retaliation can take many forms, including termination, demotion, discipline, and other adverse employment actions.
If you have been retaliated against, you can file a separate claim for retaliation. You can also seek damages for retaliation even if you are not successful on your pay discrimination claim. However, you must file a retaliation claim within 30 days of the retaliatory act.
What Are the Penalties for Violating the Equal Pay Act?
Both the EPA and the FPA allow employees to seek damages for pay discrimination. Employees can seek the difference between the wages paid to the employee and the wages paid to the employee of the opposite sex. Employees can also seek an equal amount in liquidated damages.
The EPA and the FPA also allow employees to seek other damages, such as attorneys' fees, costs, and interest. Employees can also seek injunctive relief, which can require the employer to change its pay practices.
If an employee prevails on a pay discrimination claim, the employee is also entitled to recover attorneys' fees and costs. The EPA and the FPA also allow the employee to recover liquidated damages, which is an equal amount to the wages owed to the employee.
California law also allows the employee to seek an additional $100 in damages for each day that the violation continues, up to $10,000. California law also allows the employee to recover liquidated damages equal to the amount of wages owed, unless the employer can show that the violation was in good faith.
What Should I Do if I Am Being Paid Less Than a Coworker of the Opposite Sex?
If you believe that you are being paid less than a coworker of the opposite sex, you should consult with an experienced employment lawyer as soon as possible. An employment lawyer can help you gather evidence to support your claim. An employment lawyer can also help you file a claim with the appropriate agency.
Both the EPA and the FPA allow employees to file a claim with the Wage and Hour Division of the Department of Labor. The employee must file a claim within two years of the violation, or three years if the violation is willful. The employee can also file a private lawsuit without filing a claim with the Department of Labor.
California law also allows employees to file a claim with the Department of Fair Employment and Housing (DFEH). The employee must file a claim with the DFEH within one year of the violation. The DFEH will then investigate the claim and determine whether to file a lawsuit on behalf of the employee.
Employees can also file a private lawsuit under the FPA. The employee must file a lawsuit within two years of the violation, or three years if the violation is willful. The employee can also recover damages for each paycheck that the violation continues, up to three years.
What Should I Do if I Am Being Retaliated Against for Filing a Pay Discrimination Claim?
Both the EPA and the FPA prohibit employers from retaliating against employees who file claims or otherwise exercise their rights under the law. If you have been retaliated against, you should consult with an experienced employment lawyer as soon as possible.
An employment lawyer can help you gather evidence to support your retaliation claim. An employment lawyer can also help you file a retaliation claim with the appropriate agency. The EPA allows employees to file a retaliation claim with the Wage and Hour Division of the Department of Labor.
California law allows employees to file a retaliation claim with the Department of Fair Employment and Housing (DFEH). The employee must file a retaliation claim with the DFEH within one year of the retaliatory act. The DFEH will then investigate the claim and determine whether to file a lawsuit on behalf of the employee.
Employees can also file a private lawsuit under the FPA. The employee must file a lawsuit within two years of the retaliatory act. The employee can also recover damages for each day that the retaliation continues, up to $10,000.
How Can an Equal Pay Act Lawyer Help Me?
If you believe that you are being paid less than a coworker of the opposite sex, or if you have been retaliated against for filing a pay discrimination claim, an employment lawyer can help you. An employment lawyer can help you gather evidence to support your claim. An employment lawyer can also help you file a claim with the appropriate agency.
An employment lawyer can also help you file a lawsuit against your employer. An employment lawyer can help you seek damages for pay discrimination, including back pay, front pay, and liquidated damages. An employment lawyer can also help you seek other damages, such as attorneys' fees, costs, and interest. An employment lawyer can also help you seek injunctive relief, which can require the employer to change its pay practices.
An employment lawyer can also help you file a lawsuit for retaliation. An employment lawyer can help you seek damages for retaliation, including back pay, front pay, and liquidated damages. An employment lawyer can also help you seek other damages, such as attorneys' fees, costs, and interest. An employment lawyer can also help you seek injunctive relief, which can require the employer to change its pay practices.
What Are the New York State Equal Pay Laws?
In addition to the federal law and the California law, New York has its own equal pay law. The New York State Labor Law prohibits employers from paying employees less because of their sex. The law applies to all employers, regardless of size. The law also covers all forms of compensation, including salary, benefits, and other forms of compensation.
Under the New York law, the employee has the burden of proving that the employer is not paying equal wages to employees of the opposite sex. The employee must show that:
- The employer pays different wages to employees of the opposite sex
- The employees perform equal work on jobs that require equal skill, effort, and responsibility
- The employees perform work under similar working conditions
If the employee prevails on a pay discrimination claim, the employee can recover the difference between the wages paid to the employee and the wages paid to the employee of the opposite sex. The employee can also recover an equal amount in liquidated damages.
The New York law also allows the employee to recover other damages, such as attorneys' fees, costs, and interest. The employee can also recover injunctive relief, which can require the employer to change its pay practices.
Is There an Equal Pay Act in New Jersey?
New Jersey does not have its own equal pay law. However, employees in New Jersey can file a claim under the federal law, the Equal Pay Act of 1963 (EPA). The EPA makes it illegal for employers to pay men and women different wages for the same work. The law applies to all employers, including the federal government, and covers all forms of compensation.
The EPA only requires that the work performed by men and women be substantially equal. Job content, rather than job titles, determines whether work is substantially equal. Specifically, the job does not have to be identical, but it must be substantially similar.
Substantially equal work means the jobs require the same skill, effort, and responsibility. Skill refers to the experience, training, education, and ability required to perform the job. Effort refers to the amount of mental or physical exertion needed to perform the job. Responsibility refers to the degree of accountability required to perform the job.
If you believe that you are being paid less than a coworker of the opposite sex, you should consult with an experienced employment lawyer as soon as possible. An employment lawyer can help you gather evidence to support your claim. An employment lawyer can also help you file a claim with the appropriate agency.
