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WAGES
THE NEW JERSEY EQUAL PAY ACT (NJEPA) REQUIRES EMPLOYERS TO PROVIDE EQUAL PAY FOR EQUAL WORK.
The New Jersey Equal Pay Act (NJEPA) is one of the most important but least understood employment laws in our state. Under the NJEPA, employers may not pay women less than men, and the law prohibits disparities in paid time off, insurance, and other benefits. The law is a critical source of protection for workers in New Jersey workplaces. Contact The Law Offices of Usmaan Sleemi today to discuss any suspicions that you are being paid less than your coworkers despite performing substantially similar jobs. Employers rarely admit that these differentials exist, but we can dig deeper and protect your rights.
How the New Jersey Equal Pay Act Works
The NJEPA amended New Jersey’s Law Against Discrimination, which is the primary anti-discrimination law affecting New Jersey employment. Although the NJEPA was passed to primarily protect women, even men are protected. Indeed, the law provides strong protection to workers based on protected status, including race, national origin, marital status, religion, and other protected statuses.
In particular, the NJEPA prevents employers from justifying pay differentials by pointing to different job titles when employees perform substantially similar work. This has historically been a way for employers to hide pay disparities. They give workers different job titles, even though the work is similar.
The law also outlaws pay secrecy bans. Employers often enforced discriminatory pay differences by prohibiting employees from talking about pay on the job, but now employers may not retaliate against workers who engage in these protected conversations.
The NJEPA also has strong anti-retaliation provisions. Employees may share information with governmental agencies without fear of retaliation.
Do You Have an NJEPA Claim?
The primary purpose of the NJEPA is to require equal pay for equal work. Historically, many employers have paid female workers less than their male counterparts, for no valid reason.
The NJEPA broke new ground by not requiring that the job duties be exactly the same. Instead, you have a valid state law claim if you perform substantially similar work to someone paid more.
FAQs about the New Jersey Equal Pay Act
What does “equal pay for equal work” mean?
The NJEPA does not require that all employees be paid the same. Instead, employers may still pay differently based on seniority, experience, training, education, work quality, and other metrics. However, the law requires that employers justify the pay difference by pointing to legitimate, job-related factors.
What evidence should I show my lawyer?
Some critical pieces of evidence include pay stubs or pay statements, job descriptions, and information about other employees performing similar jobs. Your lawyer might need to investigate and request records from your employer. The state might also request this information.
What compensation can I receive for an NJEPA violation?
Workers can request unpaid wages, actual damages, and even emotional distress damages when making a claim under the New Jersey Equal Pay Act.
Call Our Paramus Equal Pay Attorney for Assistance
New Jersey has been at the forefront of eliminating gender-based discrimination in pay. Contact Attorney Usmaan Sleemi to discuss your job and pay rate by calling 973-866-9415. We have handled many claims for employees seeking fair treatment and unpaid wages.