A review of some interpretative sources that now exist to aid in compliance with the Equal Pay Act. Since the passage of the EPA, employees are bringing expansive equal pay claims against private and public sectors employers. It is essential for employers to be proactive in their efforts to comply with the statute.
марта 12, 2021 at 10:00 AM
By Kirsten Scheurer Branigan, Carole Lynn Nowicki and Beth P. Zoller | марта 12, 2021 at 10:00 AM
Nearly three years ago, New Jersey enacted the historic Diane B. Allen Equal Pay Act (EPA), amending Title 34 regarding Wage Discrimination and the New Jersey Law Against Discrimination (LAD). N.J.S.A. 34:11-56.1-56.14; N.J.S.A. 10:5-1, et seq. Some interpretative sources now exist that are helpful to aid in compliance. In the coming years, New Jersey state and federal courts will undoubtedly provide additional clarity.
Unique in breadth and scope, the EPA applies to virtually all public and private employers in New Jersey regardless of size or industry. N.J.S.A. 10:5-5. Additionally, its protections extend to all protected classes under the LAD (i.e., sex, race, creed, color, nation origin, nationality, ancestry, age, marital status, sexual orientation, gender identity, disability, etc.), not just sex-based equal pay claims. N.J.S.A. 10:5-12(t). The EPA prohibits an employer from paying employees who are members of a protected class at a rate of compensation, including benefits, that is less than the rate paid to employees who are not members of the protected class for “substantially similar work when viewed as a composite of skill, effort, and responsibility.” Id. The “substantially similar work” requirement is broader than the “equal work” standard for sex-based discrimination under the federal Equal Pay Act. 29 U.S.C.A. §206(d)(1).
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