The remedies to prevailing employees under the Equal Pay Act are extensive. This means that an employer who fires or refuses to hire an employee for refusing to sign an agreement such as an arbitration agreement waiving the employee’s right to have his or her discrimination claims decided before a jury at trial, will be deemed to have violated the Equal Pay Act. It will be unlawful for employers to take reprisals against employees for requesting from, discussing with, or disclosing to: (1) another employee or former employee, (2) a lawyer from whom the employee seeks legal advice, or (3) any government agency, information related to employee compensation.Ī provision in the Equal Pay Act forbids employers from retaliating against employees who refuse to sign sign waivers of their rights under LAD. The Equal Pay Act also prohibits retaliation against workers who discuss compensation with other co-workers.
Put differently, even if employees hold different positions, as long as they have the same level of responsibility, manage the same amount of budget, maintain the same working conditions, and oversee the same number of employees, a comparison can be established to analyze any compensation gap. Courts will be required to analyze the nature of the work itself in determining whether an employer is violating the Equal Pay Act by paying less to women and other protected class members for the same work as their colleagues. “Substantially similar work” is undefined by the statute, but our state courts are likely to find mere job title irrelevant.
“Bona fide factors” can include training, education, experience, performance, productivity, and skill sets. Such exceptions include a seniority system, a merit system or a bona fide factor other than the characteristics of the members of the protected class. Put differently, if an employer pays one employee more than another who falls under a protected classification, the employer will have to show permissible exceptions for the pay disparities. Under the new law a discriminatory compensation decision or other employment practice that is unlawful under the New Jersey Law Against Discrimination (LAD) occurs each time that compensation is paid in furtherance of that discriminatory decision or practice – effectively making each paycheck another instance of discrimination.Īs of Jwhen the Equal Pay Act took effect, it is an unlawful employment practice for employers to pay less in wages, benefits, or compensation to members of a protected class for “substantially similar work, when viewed as a composite of skill, effort and responsibility” as those not in a protected class. The Equal Pay Act also has a six (6) year statute of limitations, where LAD only has a two (2) year statute of limitations. 34:11-56.2, the new Equal Pay Act goes even further and extends to equal pay protections to all protected classifications of sex, race/ color, national origin/ancestry, religion/creed, disability, age, pregnancy, marital status, sexual orientation, gender identity, N.J.S.A. Although New Jersey already has a law prohibiting discrimination in pay based on sex under N.J.S.A. New Jersey’s relatively new Equal Pay Act provides equal pay protections to all minorities and protected classes. New Jersey's New Equal Pay Act Is The Strongest In The Country
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