On April 24, 2018, Governor Phil Murphy signed into law what he described as the “most sweeping equal pay legislation in America.” This legislation seeks to eliminate the pay disparity gap. While it is hard to argue with the Act’s good intentions, many unintended consequences are anticipated due to its expansive nature.
This workshop will review some of the recent legislation on equal pay key takeaways:
- The Act applies to all businesses in New Jersey, regardless of size, number of employees, or type of employer, public or private.
- To bring a lawsuit, all that is required of an employee is to show:
(A) s/he is a member of a protected class;
(B) is paid less than an employee who is not a member of the same protected class; and
(C) is doing work that is substantially similar to the other employee.
- Intent and knowledge are irrelevant–an employer can unknowingly violate the Act and be subject to suit.
- Statute of limitation now 6 years, instead of 2 under the Law Against Discrimination; and
- Damages are significant–include back pay, front pay, compensatory damages and possibly punitive damages, along with treble damages (i.e., 3 times the monetary damages), regardless of any finding of malice or intent.
Please contact Kathleen Baldwin, Sales Support Manager at NJMEP with any questions or need of further assistance. firstname.lastname@example.org 973-998-9801 ext. 211