Category: Equal Pay

Even in 2018, it’s still a challenge for women to get equal pay for performing the same work as men. It’s often difficult to uncover these disparities due to employer confidentiality, but when employees become aware of wage inequalities, they must have the means to address it. Fortunately, they do, under the Equal Pay Act.

According to the Institute for Women’s Policy Research, in 2016, full-time female workers made 80.5 cents for every dollar earned by men. And at the current rate of change, it will take 41 years for women to reach pay parity with men. No matter the myriad reasons for this wage gap, if you’re female and make less than your male colleagues who perform the same duties, you may have a claim under the Equal Pay Act. There are also rare instances where the Equal Pay Act applies for men.

What is the Equal Pay Act?

President Kennedy signed the Equal Pay Act (EPA) into law in 1963 as an amendment to the Fair Labor Standards Act (FLSA). The Equal Pay Act added provisions to address the wage gap, which the FLSA didn’t adequately address on its own.

When the Act passed in 1963, women’s wages were 59 cents to every dollar earned by men. While the United States workplace is moving toward total wage equality, there is still a need for protection for employees when their employers aren’t providing equitable pay for all.

Do you have a claim under the Equal Pay Act?

Well, if you are being paid unequal wages than employees of the opposite sex, within the same establishment, for equal work on jobs the performance of which requires equal skill, effort and responsibility and are being performed under similar working conditions, maybe so.

Your employer can challenge your claim by providing a reasonable explanation for the pay disparity. One example might be that your coworker has several more years of experience than you, or that they perform more complex day-to-day tasks. However, work doesn’t have to be identical to be equal. Even if your job titles are different, the work can be considered equal if it requires the same skills, responsibilities, and labor under the same conditions and environment.

Based on the circumstances—if there are promotions, hiring, and firing decisions based on gender—you may also have a different legal action under the Civil Rights Act.

If you feel your employer is in violation of the Equal Pay Act, talk to one of the Tennessee employment lawyers at The Gilbert Firm. We have the expertise and knowledge you need when you’re seeking the equal pay to which you’re entitled. If your employment rights have been violated, get in touch with us today. Call Jonathan Bobbitt or Justin Gilbert at 888.996.9731, or fill out our contact form. We have offices in Nashville, Chattanooga, Memphis, Jackson and Knoxville.

In the courtroom scene of To Kill a Mockingbird, Atticus Finch implores a jury to remember that “there is one way in this country which all men are created equal—there is one human institution that makes a pauper the equal of a Rockefeller, the stupid man equal of an Einstein, and an ignorant man equal of any college president. That institution, gentlemen, is a court.” That concept of equality for all people is deeply ingrained in who we are: as attorneys, as jurists and as citizens. It is the bedrock of our justice system.

It may also be false. An article in The Bulletin explores a possible mediating factor in the link between income and judicial outcomes. Rather than attribute the less favorable rulings and more serious penalties to any connection between poverty and criminality, the author suggests that an inability to independently afford a lawyer, leading to reliance on pro bono or court-appointed attorneys, might be a factor.

Given that up to 70% of Americans have committed a crime that could lead to imprisonment, as reported by Bloomberg View—not to speak of the many smaller infractions, traffic violations, and so forth that result in fees or warnings—the need for sufficient attorneys is substantial. Unfortunately for the financially insecure, many defense lawyers charge ample hourly fees, pricing them out of the range of many lower income individuals. This leaves them with two options: a court-appointed public defender, or an attorney who is committed to doing pro bono work.

Cost considerations in the civil justice system

This issue of cost affects more than just those who are facing criminal charges, however. What about workers who earn minimum wage? Or those who cannot afford an attorney, and have been subject to wrongful termination, or sexual harassment, or wage violations? The civil justice system does not have public plaintiffs’ attorneys, after all.

Pro bono work is one way low-income Tennessee workers can access high quality representation. In 2015, over 40% of the lawyers in the state reported to the court system that they had performed pro bono work in the previous year, totaling over 550,00 hours. For others, the answer is contingency: a fee structure that allows a plaintiff to bring a claim against his or her employer without putting any money towards the case, with the understanding that if the judge or jury sides with the plaintiff, all expenses and fees will be deducted out of the award.

The wage gap leads to less favorable outcomes in a court of law

When adequate legal assistance is limited to those with substantial resources, it is not justice for all; it is justice for those who are privileged enough to be paid for their work at a higher rate, whether because of their gender, age, race, sexual identity and orientation, religion, or ethnicity. White women make $0.79 cents for every dollar a white man makes in the US today, and for women of color, the number is closer to $0.55 cents, as reported by Business Insider. This turns into roughly $20,000 less per year in income for women of color than for their white male counterparts, performing the same job with the same level of experience. This, in turn, can put women in lower-wage jobs at a distinct disadvantage if they need legal representation.

At the Gilbert Firm, we believe in equality – in a courtroom and in a place of work. Our Tennessee employment law attorneys fight on behalf of workers who have been denied their fair wages. If you wish to make a claim under the Equal Pay Act, or if your rights have been violated because of your gender, please call us at 888.996.9731, or complete our contact form. We have offices conveniently located in Nashville, Chattanooga, Memphis, Jackson, and Knoxville.

The Equal Pay Act (EPA) is a federal law that protects employee pay rights. The EPA requires that women and men who do equal work receive equal pay, regardless of sex or gender. Whether jobs are equal depends on an analysis as to the equality of the skill, effort and responsibility of the actual job duties and not merely the job title. The duties should be performed under similar working conditions.

Equal pay includes more than just salary or wages. It includes overtime pay, bonuses, paid vacations and holidays, expense allowances, profit sharing plans, stock options, and retirement options. To equalize the pay, the employer must boost the compensation of the employee who is making less to the one who is earning more – not vice versa.

Remedies for noncompliance

There are practical considerations and legal remedies. Practically, it would be helpful for the employee to:

• Keep records that can be used to verify she is performing the same tasks;
• Keep all pay stubs and all records of compensation;
• Keep records of opportunities for training and education; and
• Do great work so the employer cannot justify the lower pay based on poor performance.

Employees who think they are being discriminated against because of their gender should make an appointment with an experienced Tennessee Equal Pay Act attorney. The attorney will explain that there are pros and cons to each type of filing that can be made to protect an employee under the EPA. Importantly, the EPA is not saddled with certain administrative prerequisites like cases under Title VII. Also, the definition of “Employer” under the EPA does not require a 15 employee minimum. The Equal Pay Act does require that the man and woman work in the same establishment. An experienced lawyer will also anticipate defense arguments, such as seniority systems, merit systems, quantity v. quality production systems and other differentials based on factors other than sex.

At the Gilbert Firm, we think employers should pay an employee equally for equal work irrespective of sex. We demand employers pay the same wages and benefits going forward and that the employee be compensated for the difference in pay and benefit amounts during the period of discrimination. We also seek statutory damages and legal fees to deter the employer from continuing the discrimination against you and other employees.

To speak with a caring, trusted Tennessee Equal Pay Act attorney like Jonathan Bobbitt, please phone us at 888.996.9731, or complete our contact form. We have conveniently located offices in Nashville, Chattanooga, Memphis, Jackson and Knoxville.