212.627.8100In an ideal world, workers would be compensated for the quality of their work, regardless of their age, sex, race, ethnicity, or other immutable characteristics. Unfortunately, the reality is that the gender pay gap between men and women in the workforce still exists despite widespread efforts to achieve equal pay for equal work. According to the most recent report on the gender pay gap divide in New York, “women in New York earned 88 cents for every dollar earned by men in 2021.” When we expand this discrepancy across a 40-year career, “this gap would cost a woman $350,360 in diminished lifetime earnings.” Under New York law, those earning less than a co-worker of the opposite sex for performing substantially similar work may be entitled to take legal action against their employer. Depending on the specific details of your case, you may be able to recover the back pay owed to you, as well as liquidated penalties of three times that differential for willful violations of employment equal pay laws. If you believe that you deserve to be paid as much as a co-worker of the opposite sex, reach out to a dedicated and caring New York employment law attorney to discuss your options. Together, you can identify the most strategic path forward to securing the compensation you deserve.
Understanding Equal Pay Laws in New York
The New York Equal Pay Act is designed to ensure that all workers are fairly compensated according to their job performance and qualifications—not their gender, skin color, religion, or any other characteristic protected under state or federal civil rights laws. New York’s law on pay equity was updated in 2019 to expand the definition of “equal pay for equal work.” The newly expanded law “prohibits unequal pay on the basis of a protected class for all substantially similar work.” Essentially, this law requires employers to base their compensation on legitimate, job-related reasons. For example, differences in education and experience can mean that two employees receive different pay for performing substantially similar jobs. In some cases, an employer can use job performance to pay one employee more than another. It’s worth noting that the change in language from “equal work” to “substantially similar work” became necessary to crack down on an employer’s practice of giving people different job descriptions to compensate the person with the “less impressive” job title less than an employee with a more impressive-sounding title. Under these revised laws, judges must scrutinize the actual employment-related duties performed by people earning disparate wages or salaries.
Discussing Salaries in the Workplace
Another benefit of The Equal Pay Act is that it dismantles a common tactic used by employers to restrict conversations between co-workers about salaries and wages. In fact, many employees first learn of pay disparity when discussing these matters with co-workers. Suddenly, you may realize that you are being underpaid for performing substantially similar work as your male counterpart who has the same education and experience as you (or who is seemingly even less qualified than you are). Should you come to this realization, it’s best to contact a skilled and empathetic New York employment law attorney who can help you understand your legal rights. Together, you can determine the most appropriate course of action to ensure that you are compensated fairly.
Filing an Equal Pay Claim in New York
It’s important to recognize that you have more than one option for pursuing an equal pay claim. You may choose to file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC), the body that handles violations of federal equal pay laws. Or, you could file a claim with the New York State Division of Human Rights (which handles state-level equal pay laws) or the New York City Commission on Human Rights (which deals with cases at the city level). If you believe your case falls under more than one law, you can trust that these three agencies will work together to process your claim—simply indicate that you want your claim “cross-filed” with the other agencies. As you put together your claim, it’s helpful to enlist the guidance of a seasoned and caring attorney who can help you locate compelling evidence and prepare the most robust claim to maximize your chances of recovering the compensation you deserve.
Holding Your Employer Accountable
If a judge determines that your employer violated equal pay laws, it must pay you the difference between the amount you should have earned and the amount you actually earned, plus liquidated damages of three times that differential for willful violations of the equal pay law. For instance, if the court discovers that your employer knowingly and willingly paid you $80,000 less than a co-worker of the opposite sex over the last three years, you would be entitled to recover $240,000 in back pay ($80,000 for three years) as well as three times that amount (i.e., $720,000) in additional liquidated penalties. Workers in New York have six years to initiate a claim against their current or former employer for pay equity violations. While this period is longer than the statute of limitations in several other jurisdictions, it’s still critical that you take action as soon as possible to ensure that you have sufficient time to prepare a successful claim. Your knowledgeable and caring employment law attorney will answer your questions, address your concerns, and support you at every step of the process.
The dedicated legal team at Levy Ratner is committed to helping clients throughout New York take legal action against workplace discrimination. If you believe your employer has unlawfully violated your rights under pay equity laws, please contact our office today at (212) 627-8100 to explore your options and understand your legal rights with one of our experienced and compassionate employment law attorneys.