Equal Pay for Equal Work
New Jersey’s sweeping equal pay law, The “Diane B. Allen Equal Pay Act” amends the New Jersey Law Against Discrimination to protect all people from being unfairly paid less than another person, not in the employee’s protected class, for “substantially similar work.”
That means you can’t be paid less than someone not in your protected class, solely because of your: race, creed, color, national origin, nationality, ancestry, age, sex (including pregnancy), familial status, marital status, domestic partnership or civil union status, affectional or sexual orientation, gender identity or expression, atypical hereditary cellular or blood trait, genetic information, liability for military service, and mental or physical disability, perceived disability, and AIDS and HIV status.
It is important to note that ‘pay’ means all compensation – including wages and benefits.
The law allows employees to recoup up to six years of back pay and expands the Law Against Discrimination’s two-year limitation for filing a lawsuit so that essentially a new claim arises with each paycheck that results from a discriminatory decision by the employer. The law also allows treble (triple) damages (three times the compensation differential) to be awarded for violations of the law.
The law also prohibits employers from asking employees to give up their rights protected by this law and establishes that employees can freely discuss their wages with others without fear of retaliation.
The law becomes effective July 1, 2018
The Keefe Law Firm is offering free initial consultations for Equal Pay claims. Let us help you protect your employment rights.
If you have a legal matter involving Equal Pay, please contact Jessica S. Allen, Esq. at 732-224-9400 for a free legal consultation.