New Jersey Equal Pay Act Lawyers

We Are on Your Side in NJ & Philadelphia

Under the New Jersey Equal Pay Act, employees are protected from unfair pay practices on the part of their employer, including unequal pay due to sex, national origin, race, religion, disability, and other protected characteristics.

Unfortunately, some employers continue to engage in practices that discriminate against certain groups of workers when it comes to wages and company culture, and the taboo surrounding talking about pay with co-workers means that some businesses continue to get away with unfair labor practices that discriminate against workers. By not discussing pay structure out in the open, groups of workers continue to draw the short end of the stick, getting paid less than their equal co-working counterparts.

The Law Firm of Morgan Rooks, P.C. is dedicated to advocating for New Jersey workers who may be being unfairly compensated for the work that they do. Is it fair that you pour just as much blood, sweat, and tears into your work as your co-workers and receive less than they do? The answer is simple, no. You deserve the same respect, pay, and benefits that your equals enjoy. Not only is this practice unfair, but it is also against the law.

What is the Federal Equal Pay Act?

Equal pay for equal work was the goal of the 1963 Equal Pay Act. This piece of federal legislation was meant to amend the Fair Labor Standards Act and ensure protections for those discriminated against based on their sex. For decades, women have been given pennies on the dollar for their work when being compared to their male counterparts in the same job within the same industry. Although the law was initially created to help overcome the unfair pay gap historically targeting women, the courts have ruled that the act applies to all genders. The Federal Equal Pay Act is meant to level the playing field and ensure that both sexes, male and female, get the same compensation for the same work.

The Federal Equal Pay Act not only establishes equality in the form of wages, but it also guarantees that all forms of compensation should be considered equal — that includes base salary, overtime pay, company bonuses, availability of life insurance, vacation time, holiday pay, and even reimbursement for travel-related expenses such as gasoline allowance or mileage.

Violations that the Equal Pay Acts Protect Against

The Federal Equal Pay Act only addresses pay disparities between equal employees of the opposite sex. The New Jersey Equal Pay Act encompasses more than pay disparities based on sex; protection under this law extends to pay disparities that are also based on national origin, race, religion, disability, and other protected characteristics. There are a variety of behaviors that may trigger a violation of both of these laws. . The New Jersey Equal Pay Act is much broader than the Federal Equal Pay Act.

There may be other ways in which a company or business infringes on a worker’s rights based solely on their gender. If you suspect that you are being unfairly taken advantage of in terms of pay or benefits by your employers, seek out the legal advice of The Law Firm of Morgan Rooks, P.C. Our attorneys are experienced when it comes to fighting for the rights of workers and will dedicate themselves to holding employers responsible for discriminating actions.

How Do You Prove an Equal Pay Act Violation is Taking Place?

It can be challenging to prove an Equal Pay Act violation is taking place because you bear the burden of proof to show that your employer is violating your rights based on your gender. According to the U.S. Department of Labor, anyone bringing an Equal Pay Act suit must show that their lower-paying job is substantially equal in skill, effort, and responsibility while being performed under similar working conditions within the same establishment to a higher paid counterpart.

The term equal does not necessarily refer to the exact same job, but the jobs do have to be considered substantially equal overall to each other when it comes to content. In addition to proving that the work was comparatively equal, you must also prove that your pay difference is in fact based on sex, and you must show that you received less compensation than another opposite-sex employee.

Important documents that may help to establish your case may include:

• Pay stubs, hiring contracts, company handbook or employment policies
• Emails, text messages, written documents from your employer regarding your pay
• Statements or information from HR, witnesses, or co-workers that can help establish a difference in pay
• Any other information or documentation showing discrepancies in pay, or mentions of gender

Once an employee makes a claim against their employer and they show that a discrepancy in pay is the result of a gender issue, then the burden of proof shifts to the employer to prove otherwise.

If you feel that you are being discriminated against or underpaid because of your gender, contact the experienced team at The Law Firm of Morgan Rooks, P.C. If your rights are being violated, we want to help, call us now at (856) 746-6332 to schedule a free consultation.