The Equal Pay Act
Equal Pay Act
The equal pay act was created in 1963 in an effort to make the practice of pay discrimination illegal. The act primarily acts on wage disparities by making it illegal for an employer to pay workers who do the same work but are different sexes or races different salaries. There are many intricacies to this law and anyone who feels they might have an EPA claim should contact a New Jersey employment attorney. Few people would argue with the idea that employees who are more qualified and have more education or experience should get more pay. The EPA was created to make sure that these are the only reasons for differences in pay.
The Equal Pay Act is enforced by the Equal Employment Opportunity Commission or EEOC. Congress created the EPA for many reasons stating that differences in wages drive down the economy in general in terms of salaries and living conditions. Also, wage discrimination prevents employers from using getting the most out of their workforce.
How does the EPA compare jobs?
In order to make sure that men and women are getting equal pay for equal work the EPA has to have some guidelines for comparing the jobs of different men and women. According to the EPA’s regulations, jobs do not have to be identical to have their salaries protected by the EPA. They do have to have a number of similar tasks, as well as very similar education, background, and experience level. Jobs must also be similarly taxing both mentally and physically and should have comparable levels of responsibility and accountability. All of these characteristics should be the same in order for EPA protections to be granted - if one job required much more mental exertion or accountability then the pay scale should be appropriately higher for that job.
It is often difficult to sort out which jobs are comparable. Different employers have different practices and so levels of accountability and responsibility may change for similar jobs at different firms. Also, what if one job was very mentally taxing but the other required a great deal of responsibility? According to the EPA’s guidelines, this would probably not be eligible for protection.
Differences in pay
It is entirely possible to have two employees of opposite sex doing the same job for different salaries and have it be totally legal. The employer would have to explain the discrepancies in pay. There are many valid reasons why this might happen including seniority, merit-based systems, and longevity.
What to do if you feel your employer is violating the EPA
If you feel that your employer has violated your rights that are protected by the EPA, there are a few things you can do. First, contacting a New Jersey employment lawyer would be a pretty good idea. An employment lawyer would be able to steer you through the complicated legal process as well as give you some advice as to what to do. Employers can also discriminate against employees in ways besides their paycheck, so it can help to learn your workplace rights.
The EPA is enforced by the EEOC and filing a written charge with them is another way to handle the situation. Generally this must be done within two years of the unequal paid being distributed. The EEOC, your employment lawyer, and yourself will then work together to display the case in court before a judge. If the court rules in your favor many different things may happen. The employer may be ordered to pay you all or a portion of the salary difference or they may tell the employer that they are not allowed to continue the practice of paying their male and female employees differently. The EPA was created to make salaries fairer and give legal recourse for those who don’t feel they are being treated fairly.
The Equal Pay Act is enforced by the Equal Employment Opportunity Commission or EEOC. Congress created the EPA for many reasons stating that differences in wages drive down the economy in general in terms of salaries and living conditions. Also, wage discrimination prevents employers from using getting the most out of their workforce.
How does the EPA compare jobs?
In order to make sure that men and women are getting equal pay for equal work the EPA has to have some guidelines for comparing the jobs of different men and women. According to the EPA’s regulations, jobs do not have to be identical to have their salaries protected by the EPA. They do have to have a number of similar tasks, as well as very similar education, background, and experience level. Jobs must also be similarly taxing both mentally and physically and should have comparable levels of responsibility and accountability. All of these characteristics should be the same in order for EPA protections to be granted - if one job required much more mental exertion or accountability then the pay scale should be appropriately higher for that job.
It is often difficult to sort out which jobs are comparable. Different employers have different practices and so levels of accountability and responsibility may change for similar jobs at different firms. Also, what if one job was very mentally taxing but the other required a great deal of responsibility? According to the EPA’s guidelines, this would probably not be eligible for protection.
Differences in pay
It is entirely possible to have two employees of opposite sex doing the same job for different salaries and have it be totally legal. The employer would have to explain the discrepancies in pay. There are many valid reasons why this might happen including seniority, merit-based systems, and longevity.
What to do if you feel your employer is violating the EPA
If you feel that your employer has violated your rights that are protected by the EPA, there are a few things you can do. First, contacting a New Jersey employment lawyer would be a pretty good idea. An employment lawyer would be able to steer you through the complicated legal process as well as give you some advice as to what to do. Employers can also discriminate against employees in ways besides their paycheck, so it can help to learn your workplace rights.
The EPA is enforced by the EEOC and filing a written charge with them is another way to handle the situation. Generally this must be done within two years of the unequal paid being distributed. The EEOC, your employment lawyer, and yourself will then work together to display the case in court before a judge. If the court rules in your favor many different things may happen. The employer may be ordered to pay you all or a portion of the salary difference or they may tell the employer that they are not allowed to continue the practice of paying their male and female employees differently. The EPA was created to make salaries fairer and give legal recourse for those who don’t feel they are being treated fairly.