44 States, Including NJ & NY, Are All For Equal Pay For Equal Work

According to the National Conference of State Legislators (http://www.ncsl.org/research/labor-and-employment/equal-pay-laws.aspx), 44 states, including New Jersey and New York have laws that prohibit wage disparities based on gender. Four of the remaining six states have general laws prohibiting discrimination in the workplace. Only two states – Alabama and Mississippi – have no laws guaranteeing women the same rate of pay as men. There is no federal law mandating equal pay for equal work.

Interestingly, many states that do have a general prohibition allow for either a male or female employee to bring a claim against his or her employer for not being paid equal pay for equal work. New Jersey bans discrimination in wages pursuant to N.J.S.A. 34:11-56.1, et seq. Specifically, no employer may discriminate against an employee in either the rate or payment of wages because of “his or her sex.” If an employee can prove a violation of this statute he or she may be entitled to monetary damages.

Similarly, New York law provides that an employee cannot be paid a wage at a rate less than the rate an employee of the opposite sex “is paid for equal work on a job the performance of which requires equal skill, effort and responsibility, and which is performed under similar working conditions.” Again, if an employee can prove a violation of this law then he or she may be entitled to monetary damages.

If you believe that you have been discriminated against in terms of wages based on your gender or believe that you are being paid an unfair wage compared to co-workers of the opposite sex, contact the firm to discuss your situation.