Have You Been Underpaid? Hire an Experienced Long Island Equal Pay Lawyer to Assert Your Legal Rights
Employees on Long Island are entitled to equal pay for equal work. While employers can consider legitimate job qualifications when determining employees’ wage rates or compensation packages, they cannot consider factors that are unrelated to employees’ experience, performance or working conditions. Do you have reason to believe that you are being underpaid? If so, you may have an equal pay claim, and we encourage you to speak with a Long Island equal pay lawyer at Bell Law Group about your legal rights.
Several laws protect employees’ right to equal pay on Long Island. This includes laws at the state and federal level. But, even if your legal rights are clear, asserting them effectively can be challenging. This makes it critical to have an experienced lawyer on your side. Our equal pay lawyers are here to help, and we can get to work on your claim immediately if necessary.
Understanding Long Island Employees’ Right to Equal Pay
What does it mean to be entitled to “equal pay” as an employee? As the U.S. Equal Employment Opportunity Commission (EEOC) explains, “[t]he laws enforced by EEOC prohibit employers from paying employees differently based on race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, disability, age (40 or older), or genetic information.” Similar protections exist under New York law as well.
The key phrase is “based on.” There is nothing that says employers need to provide the same compensation and benefits to all of their employees. Instead, the law prohibits employers from making pay-related decisions that are “based on” an employee’s membership in a protected class. While the protections under state and federal anti-discrimination laws vary, protected classes generally include:
- Age
- Color
- Disability
- Family Status (Including Pregnancy)
- Gender Identity or Expression
- Genetic Characteristics
- Marital Status
- Military Status
- National Origin
- Race
- Religion
- Sex
- Sexual Orientation
- Status as a Victim of Domestic Violence
To compensate employees who perform the same (or substantially similar) jobs differently, employers on Long Island must have a non-discriminatory basis for doing so. What is a valid non-discriminatory basis? Appropriate reasons for paying disparate compensation to employees in similar positions include:
- Seniority systems that determine compensation based on duration of employment;
- Merit systems that determine compensation based on job performance;
- Incentive systems that determine compensation based on amount or quality or work; and/or,
- Other legitimate considerations related to “job performance or business operations.”
In this latter category, the EEOC provides the example of an employer paying more to employees who work during less desirable shifts. In this scenario, even though employees on all shifts may perform the same work, the fact that some work during less desirable hours may justify paying them a higher wage rate.
5 Key Factors in Pay Discrimination Cases Under the Equal Pay Act
If you are a victim of pay discrimination, it is up to you to prove that your employer has violated your legal rights. This is one of several reasons why it is important to have an experienced Long Island equal pay lawyer on your side. Proving that you have been denied equal pay requires evidence that you are being paid less despite you and your co-workers having, “substantially equal skill, effort, and responsibility and [working] under similar working conditions within the same establishment.”
Many pay discrimination cases involve claims under the Equal Pay Act (EPA). The EPA applies specifically to sex-based pay discrimination; and, under the statute, there are five key factors for proving a pay discrimination claim:
- Skills Required for the Job – As the EEOC explains, “[t]he issue is what skills are required for the job, not what skills the individual employees may have.” Employers may assess employees’ skill levels based on factors including (but not necessarily limited to) “experience, ability, education, and training required to perform the job,” but not based on other personal traits or characteristics.
- Effort Required for the Job – Employees asserting equal pay claims must be able to prove that their job and the job they are comparing it against require substantially the same amount of “physical or mental exertion.”
- Degree of Accountability – The jobs in question must also involve the same degree of accountability. This could be accountability in terms of decision-making, risk management, customer support or general on-the-job performance.
- Working Conditions – Even if all other factors are equal, unequal pay may still be warranted if employees work in different working conditions. This can include either: (i) “physical surroundings like temperature, fumes and ventilation;” or, (ii) exposure to health or safety hazards on the job.
- Work Location – As the EEOC also explains, “[t]he prohibition against compensation discrimination under the EPA applies only to jobs within an establishment.” However, the term “establishment” is interpreted broadly; and, “[i]n some circumstances, physically separate places of business may be treated as one establishment.”
A key factor that is not relevant to your pay discrimination claim under the EPA (or under other anti-discrimination statutes) is your job title. Employers cannot use different job titles to avoid paying equally qualified employees for substantially equal work. Likewise, to file a pay discrimination claim, you do not need to be able to prove that your job is exactly equal to someone else’s. Minor differences in any of the five key factors listed above are not enough to justify unequal pay.
Other Types of Equal Pay Claims Under New York and Federal Law
The Equal Pay Act only applies to sex-based discrimination. So, what if you have experienced pay discrimination based on another protected characteristic—such as age, disability or race?
Equal pay violations can implicate other laws as well. For example, as the New York Equal Employment Practices Commission explains, the State Human Rights Law (SHRL) makes it illegal “to discriminate against an individual in compensation or in terms of conditions or privileges of employment.” The SHRL prohibits discrimination in employment based on all of the protected characteristics listed above.
Other forms of pay-related discrimination can also violate various other federal anti-discrimination laws. For example, depending on the circumstances of your case, you could have a claim under one of the following federal statutes:
- Section 1981 of the Civil Rights Act of 1866 (Section 1981) – Section 1981 prohibits discrimination in terms of employment (including compensation) based on race, color or ethnicity.
- Title VII of the Civil Rights Act of 1964 (Title VII) – Title VII prohibits pay discrimination based on race, color, national origin, religion, sex, sexual orientation, and gender identity or expression.
- Age Discrimination in Employment Act (ADEA) – The ADEA prohibits pay discrimination against employees who are age 40 or older.
- Americans with Disabilities Act (ADA) – The ADA prohibits pay discrimination disfavoring employees who have disabilities.
- Pregnancy Discrimination Act (PDA) – The PDA amended Title VII to prohibit sex discrimination (including pay discrimination) on the basis of pregnancy.
Once you get in touch with us, a Long Island equal pay lawyer at Bell Law Group will be able to thoroughly evaluate your case and determine if you have grounds to pursue a pay discrimination claim against your employer under one of these statutes. If you do, your lawyer will walk you through the process of asserting your legal rights under the relevant law, and then your lawyer will help you make an informed decision about whether to move forward.
Remedies for Equal Pay Violations
Let’s say you decide to file an equal pay claim against your employer on Long Island. What remedies will you be entitled to receive if your claim is successful? Generally speaking, the potential remedies for equal pay violations include:
- Back Pay and Benefits – Our lawyers can help you seek the compensation that you would have earned had your employer not been discriminating against you.
- Interest – If you are entitled to back pay, you are also entitled to interest on all past-due amounts.
- Legal Fees and Costs – In many cases, we are also able to seek to recover our clients’ legal fees and costs from their employers.
- Injunctive Relief Against Further Violations – If you are still being underpaid, you may be entitled to an injunction that prohibits your employer from discriminating against you going forward—meaning that you should start receiving the full pay and benefits you deserve.
- Job Placement or Promotion – If your employer has denied you an appropriate job position in addition to denying equal pay, you may be entitled to appropriate job placement or a promotion as well.
Punitive damages are also available to employees in some cases. If our attorneys can show that your employer willfully violated the Equal Pay Act or other applicable law, we may be able to seek punitive damages on your behalf. Punitive damages are awarded in addition to the damages necessary to compensate employees for their losses, and they are intended to deter employers from committing similar violations in the future.
What You Can Expect When You Contact Us About Your Equal Pay Claim
When you hire a lawyer to help you assert your legal rights as an employee, it is important to know what you can expect. So, what can you expect if you hire a Long Island equal pay lawyer at Bell Law Group? Here is what we offer:
A Free and Confidential Consultation
We will begin by providing you with a free and confidential consultation. During this consultation, one of our equal pay lawyers will work with you to identify the relevant facts in your case and determine if you may have a claim worth pursuing. Your lawyer will also be more than happy to answer any specific questions you may have about your legal rights or our legal representation.
A Comprehensive Assessment of the Value of Your Claim
If you have an equal pay claim, one of the next major steps in the process will be to determine how much you are entitled to recover. With more than 100 years of combined experience, our lawyers are extremely well-versed in the relevant processes and procedures for determining the value of equal pay claims under the EPA, the New York SHRL, and the other laws discussed above.
Custom-Tailored Legal Advice Based on Your Situation
Throughout our representation, we will provide custom-tailored legal advice based on your individual situation. Your lawyer will help you make an informed decision about whether to file an equal pay claim; and, if you decide to move forward, your lawyer will focus on securing the best possible result based on your specific circumstances.
Clear and Transparent Communication
We prioritize clear and transparent communication with our clients. We know that the law is complicated, and we know that making informed decisions about your legal rights can be difficult. This is why we work hard to ensure that our clients feel comfortable and confident every step of the way.
A Relentless Commitment to Your Success
If we take your case, this means that we believe we have a reasonable chance of securing a favorable resolution on your behalf (though, of course, there are no guarantees). We are passionate about what we do, and we are relentless when it comes to seeking success for our clients.
If you have an equal pay claim on Long Island, strict deadlines apply. This means that you could lose the ability to seek just compensation if you wait too long to take legal action. With this in mind, if you think you may have a claim, we strongly encourage you to speak with a Long Island equal pay lawyer at Bell Law Group as soon as possible.
Schedule a Free and Confidential Consultation with a Long Island Equal Pay Lawyer Today
To learn more about your right to equal pay as an employee on Long Island, schedule a free and confidential consultation at Bell Law Group today. Call 516-530-9936 or tell us how we can reach you online to schedule an appointment with an experienced Long Island equal pay lawyer who can help you make informed decisions with your long-term best interests in mind.
