How Can an Employment Attorney Help You Fight for Equal Pay?

Pay inequity remains an ongoing challenge in workplaces across various industries. Despite advances, many individuals face unjust compensation discrepancies based on factors such as gender, race, or ethnicity. If you suspect unequal pay in your workplace, an employment attorney can be a critical ally in your fight for justice. From analyzing your situation to representing you in legal actions, here’s how they can help.

Assessing Pay Discrepancies

The first step in addressing pay inequality is determining whether a disparity truly exists. This process is often more complex than comparing salaries because it involves evaluating whether your role closely resembles those of your colleagues in skill, effort, responsibility, and working conditions. For example, if you and a coworker perform nearly identical tasks, but your coworker earns significantly more, this could signal unequal pay.

An attorney will analyze your employment records, job descriptions, and organizational pay structures to assess your case. They will use their insight to identify patterns of inequity that might not be immediately obvious. For example, they may uncover systemic issues like women consistently being offered lower starting salaries than male colleagues for the same roles. Having an attorney conduct this review ensures no detail is overlooked.

Navigating Legal Frameworks

Federal and state laws, such as the Equal Pay Act of 1963 and California’s Equal Pay Act, are designed to combat wage discrimination. However, these laws can be difficult to interpret and apply without legal guidance. An employment attorney will guide you through the intricacies of these regulations, ensuring that you understand your rights and how they apply to your unique situation.

For instance, under California’s Equal Pay Act, employers are prohibited from paying employees differently based solely on gender, race, or ethnicity when they perform “substantially similar work.” Your attorney will determine whether your case meets the legal criteria for discrimination. They’ll also identify any potential defenses that your employer may attempt to use and prepare strong counterarguments to protect your rights.

Negotiating or Taking Legal Action

Addressing pay inequality often begins with negotiation. An attorney will act as your advocate, initiating discussions with your employer to resolve the issue informally. Skilled attorneys understand how to present evidence and frame arguments effectively, increasing the likelihood of a favorable outcome without resorting to litigation.

For example, imagine a scenario where an employee discovers they’re earning less than their colleagues. With their attorney’s support, they might present clear documentation of their equal contributions and request a pay adjustment. The attorney’s involvement signals seriousness and often prompts employers to act swiftly to avoid further exposure.

If the issue cannot be resolved through negotiation, your attorney will help you file a formal complaint or lawsuit. They’ll represent you during mediation, hearings, or trial, working tirelessly to recover back pay and damages and ensure policy changes within your organization.

Taking Action

If you suspect pay inequality at your job, don’t hesitate. Start by gathering evidence, including pay stubs, job performance reviews, and employment contracts. Schedule a consultation with Olivier & Schreiber PC to evaluate your case. An attorney’s support empowers you to stand up for your rights, whether through education, negotiation, or legal action.

Achieving equal pay isn’t just about fairness; it’s about dignity and progress for all workers. With the help of a committed employment attorney, you’ll have the tools and confidence to seek the compensation you deserve.