New York City Pay Discrimination Lawyers

As an employee, you have a right to equal pay for equal work. But when you find out your employer has been paying you less based upon your sex, race, religion, or disability, you have a right to seek legal action. Pay discrimination is a serious offense in New York City. Do not wait for your employer to do right by you. Seek legal action now. The employment attorneys of Brown Kwon & Lam, LLP are here for you.

What Is Considered Pay Discrimination?

According to New York law, pay discrimination is when an employer pays workers less or more for comparable labor because of protected characteristics including age, gender, color, or other characteristics unrelated to job performance. Fairness and equality in the workplace are ensured by the strong protections against such discrimination offered by the New York State Human Rights Law and the New York City Human Rights Law.

In New York, employers are not allowed to pay workers differently for positions that have identical requirements in terms of talent, effort, and responsibility. This includes explicit pay disparities or indirect practices that result in unequal compensation. Pay discrimination may occur, for instance, if a male and female employee execute the same job with comparable experience and qualifications, but the female employee gets paid less.

Pay disparities must be justified by employers using valid arguments like seniority, merit, or any other factor besides sex or race. It can be quite important to speak with a NYC pay discrimination lawyer if you believe there is wage discrimination. In order to resolve any disparities, Brown Kwon & Lam can assist you in comprehending your legal rights, obtaining the required documentation, and navigating the court system. They can help with the filing of a claim and the pursuit of remedies to end discriminatory practices, including as back pay and policy changes.

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

If you suspect pay discrimination in your workplace, start by documenting any disparities in pay and gathering evidence, such as pay stubs and job descriptions. Discuss your concerns with your employer or HR to seek clarification. If unresolved, consult NYC pay discrimination lawyers at Brown Kwon & Lam to assess your situation. Our experienced attorneys can provide guidance on your rights and help you file a formal complaint with the Equal Employment Opportunity Commission or the New York State Division of Human Rights if needed.

New York City Equal Pay Act

In July 2019, former Governor Andrew Cuomo signed a bill into law that expanded the New York City Equal Pay Act which expanded pay protections. This requires employers to provide employees with equal pay for “substantially similar” work across all protected categories under the New York City State Human Rights Law (NYSHRL). Those categories include:

• Age
• Race
• Creed
• Color
• National origin
• Sexual orientation
• Gender identity or expression
• Military status
• Sex
• Marital status
• Disability

The bill helps ensure that all of the above categories receive equal pay to those outside the same protected class. Specifically, it’s so they are paid for either equal work or “substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions.”

In addition to expanding these protected groups, it also places less of a burden on employees to prove wage discrimination. It does this by requiring employers to pay at equal rates for “substantially similar” work.

To prove discrimination does not occur, an employer needs to show that the pay difference is due to factors of:

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

Fair Labor Standards Act (FLSA)

In addition to the New York City state employment laws, there are federal protections for employees in regard to minimum wage and overtime pay requirements.

Under the FLSA, employees are entitled to a minimum wage of at least $7.25 per hour. This also establishes overtime pay. It comes at a rate of at least one and one-half times an employee’s regular rate of pay. You only receive overtime pay after completing 40 hours of work in a workweek.

There are exceptions to the FLSA. This includes employees who are:

• An executive employee
• An administrative employee
• Classified under the “learned professional” or “creative professional”

While FLSA establishes the federal baseline for employee pay and overtime, it also leaves room for common violations in the workplace. Common violations under FLSA include:

• Misclassifying salaried employees as exempt
• Misclassifying employees as independent contractors
• Failure to pay employees for all time worked, including overtime/off the clock
• Having employees work during meal breaks
• Deducting time from an employee’s hours 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

Once you realize that pay discrimination has occurred, you have 180 days to file your complaint.

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.

Pay Discrimination, New York: Brown Kwon & Lam

If you believe you have been a victim of pay discrimination in the workplace, do not delay. The employment attorneys of Brown Kwon & Lam, LLP will aggressively pursue your case so that justice is served. 

Contact us today.