Employers failing to pay two workers of opposite sexes equally for similar duties are violating the Equal Pay Act (EPA) of 1963. Citing an outmoded belief that men are breadwinners and hence should be paid more, Congress helped enact the EPA as an offshoot of the FLSA, or Fair Labor Standards Act of 1938. Prima facie cases establishing pay inequality need only a comprehensive review of job duties performed by two people, review of employment records and an aggrieved party.
Chosen by victims of pay disparity as their Los Angeles Equal Pay Act attorney because of their comprehensive representation of EPA cases, JML Law is known for hard-hitting negotiations and excellence in courtroom litigation. Matters related to unfair compensation require the type of intelligent approach JML Law has instilled in employment law cases for over four decades.
Establishing Legal Precedence in EPA Cases
Showing cause that employees were paid less than male or female counterparts performing similar duties requires review of core tasks performed. Should tasks require identical physical strength and skill level, concentration shifts to any additional duties performed by persons receiving extra pay. If they, too, are similar, then burden of proof shifts to employer in showing why two people of opposite sexes doing identical work with similar skills and education are being paid differently.
Stipulations may exist where unfair pay is warranted, such as seniority systems, those based on merit or another reason irrespective to gender. Many of these systems have been retired, however, in favor of unions and other employee protection groups.
Equal pay laws cannot be contractually altered, meaning employers cannot outright tell female employees they’ll be paid less for doing identical work and must sign paperwork agreeing to said stipulation. These laws do provide protections for commissioned sales representatives, too.
An update to EPA was enacted in 2009 by Congress, rightfully named the Lilly Ledbetter Fair Pay Act. In clarifying what constituted pay discrimination, the Supreme Court noted that discriminatory compensation based on one’s sex happens each paycheck the victim receives, meaning 12 separate paydays of discriminatory pay practices constitutes 12 counts. Lilly Ledbetter, who piloted the EPA update, was discriminated against during her tenure as a Goodyear Tire plant supervisor.
Legal precedence is established once all reasonable doubt is removed from claimant’s side and burden of proof is met with no logical explanation from employer.
JML Law Litigates Complex EPA Cases
Barring affirmative defense based on merit, seniority, quantity or other non-gender system, claims brought to JML Law by employees discriminated against based on pay could render benefits to claimants. Some financial awards we’ve won include back pay, adjustment to current pay, and pain and suffering. Outcomes vary by claim and rarely, if ever, duplicate.
Trusting JML Law with pay disparity cases means you’ll get the assistance of a dedicated Los Angeles Equal Pay Act attorney knowledge of every facet of employment law. You get 40 years of excellence in legal representation, an attorney that cares and our commitment to fairly litigate pay disparity issues.
Consultations can be scheduled without cost.
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