New York City Pay Discrimination Lawyers

Experienced Legal Guidance Through NYC Pay Discrimination Claims

If your employer pays you less because of your sex, race, religion, disability, or another protected characteristic, you have the right to take legal action. Don’t wait for your employer to correct the disparity. Our team at Brown Kwon & Lam can represent you and support you throughout the process from start to finish.

What Is Considered Pay Discrimination?

New York Labor Law Section 194 prohibits employers from paying employees at a lower wage rate because of a protected characteristic. The law applies when employees perform substantially similar work, viewed as a composite of job requirements, effort, responsibility, and similar working conditions. The positions don’t need to be identical.

Pay discrimination can involve an explicit wage difference or a compensation practice that creates an unlawful disparity. A disparity may warrant review when employees with comparable responsibilities and working conditions receive different compensation because of age, race, sex, disability, or another protected characteristic.

Employers may defend a difference by pointing to a seniority or merit system, production measures, or another bona fide factor. We assess the employee’s duties, compensation records, workplace communications, and the employer’s explanation before recommending a legal path.

What Steps Should I Take If I Suspect Pay Discrimination at My Workplace?

Start by documenting the pay disparity and gathering evidence such as pay stubs and job descriptions. Ask your employer or HR for clarification when appropriate. If the issue remains unresolved, consult Brown Kwon & Lam to assess your circumstances and possible filing options.

Keep compensation records, performance materials, relevant emails, and available information about comparable positions. Note when you learned of the disparity, who was involved, and how your employer responded when you raised the issue. We review these circumstances alongside your goals, explain your options, and give you direct access to the attorneys handling your case.

New York City Equal Pay Act

In July 2019, former Governor Andrew Cuomo signed a bill expanding Section 194. The amendment extended pay protections across the categories recognized by state law and adopted the substantially similar work standard.

Protected categories under the current state pay equity standard include:

• Age
• Race
• Creed
• Color
• National origin
• Sexual orientation
• Gender identity or expression
• Military status
• Sex
• Disability
• Predisposing genetic characteristics
• Familial status
• Marital status
• Domestic violence victim status

The law requires equal wage rates for substantially similar work when viewed as a composite of job requirements, effort, responsibility, and similar working conditions. The focus is on what employees do, not whether they share a title or an identical job description.

An employer may seek to justify a pay difference through:

• Seniority
• Merit
• Quantity or quality production
• Training
• Education
• Prior experience

Federal protections may also apply. The Equal Pay Act addresses sex-based pay discrimination, while Title VII covers compensation discrimination connected to a protected characteristic. The facts determine which state or federal law and filing process fits the concern.

Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act establishes separate federal protections for minimum wage and overtime pay. These wage-and-hour requirements are distinct from claims involving compensation differences based on a protected characteristic.

Under the Fair Labor Standards Act, employees are entitled to a federal minimum wage of at least $7.25 per hour. The law also establishes overtime pay at one and one-half times an employee’s regular rate for hours worked over 40 in a workweek.

Exemptions may apply to qualifying employees who are:

• Executive employees
• Administrative employees
• Learned or creative professional employees

Common Fair Labor Standards Act violations include:

• Misclassifying salaried employees as exempt
• Misclassifying employees as independent contractors
• Failing to pay employees for all time worked, including overtime or off the clock work
• Deducting time for an allotted break of less than 20 minutes

Restrictions on Wage Discussions

Under the Labor Law Act, employers cannot restrict employees from inquiring about, discussing, or disclosing wages with other employees. But an employer can create a written policy that limits the time, place, and manner of those inquiries, such as workday and place limitations.

However, it is unlawful for these policies to be so restrictive that employees cannot engage in such a discussion. While employees may say they wish to not discuss their wages, an employer cannot make that decision for them.

Filing a Pay Discrimination Claim

Filing a pay discrimination claim may seem daunting. But you do not have to go at it alone. You can either file the claim yourself or work with a lawyer, family member, social worker, or union steward to undergo the process.

However, there are things you need to include in your discrimination complaint. They include:

• The name and address of the organization which discriminates against you
• How, why, and when you believe the discrimination took place
• The types of discrimination you think are involved in the case
• The names of any people who were involved in the discrimination
• Any supporting information

Filing deadlines for pay discrimination claims depend on the laws involved and the agency or court handling the case. In New York City, employees generally have 300 days to file an Equal Employment Opportunity Commission (EEOC) charge, three years to file certain complaints with the New York State Division of Human Rights for incidents occurring on or after February 15, 2024, and generally one year to file with the NYC Commission on Human Rights. As missing a deadline can affect your ability to pursue compensation, consult a pay discrimination attorney in New York City promptly.

Retaliation Against Pay Discrimination Claims

Upon filing your pay discrimination claim, you need to know that it is against the law for your employer or any agent of which to retaliate against you. Retaliation includes adverse actions taken against an employee by an employer due to the employee exercising their rights under labor laws.

The actions are not limited to being job-related, nor do they need to occur in the workplace. The actions can be anything that would have an impact on a reasonable worker from supporting a charge of discrimination. In addition, these actions can also occur once the individual is no longer employed where the pay discrimination took place.

In that sense, an act of retaliation may include:

• A negative reference for the former employee
• Changing disciplinary actions as a result of the claim

When pay discrimination occurs in the workplace resulting in inadequate payment or retaliation after speaking up, know that you have a team ready to stand firm in your case.

Understanding Your Rights in Pay Discrimination Cases

At Brown Kwon & Lam, we specialize in helping employees navigate pay discrimination cases in New York City. It's important to understand your rights and protections under the law when it comes to fair pay and equal treatment in the workplace.

Our experienced attorneys can assist you with:

• Evaluating your situation to determine if pay discrimination has occurred
• Explaining the laws and how they apply to your case
• Reviewing the Fair Labor Standards Act (FLSA) to ensure your rights are upheld
• Advising on restrictions on wage discussions and how they may impact your claim
• Guiding you through the process of filing a pay discrimination claim with the appropriate agencies
• Protecting you from retaliation for reporting pay discrimination or filing a claim

Don't let pay discrimination go unchecked. Contact Brown Kwon & Lam to learn more about how we can help you fight for fair pay and equal treatment in the workplace.

Discuss Pay Discrimination with Our New York City Attorneys

If you believe you have experienced pay discrimination, don’t delay. We offer free consultations and prompt follow-up so you can understand your options and decide how to proceed. Our team is available at (212) 295-5828.

Contact us today. Our NYC pay discrimination lawyers can evaluate your situation and guide you on the next steps.