In New York, employees have the right to equal pay for substantially similar work. While employers are allowed to make pay-related decisions based on seniority and certain other factors, they are not allowed to pay employees less simply because they are members of a minority group or another “protected class.”
As a result, if you are being paid less than your coworkers and there isn’t a clear (and legal) reason why, you could have an equal pay claim. New York’s equal pay protections are significantly broader than those afforded by the federal Equal Pay Act, and this means that more employees in New York can file equal pay claims under more circumstances. Keep reading to learn more:
New York Requires Equal Pay for Substantially Similar Work
While it’s common to hear the phrase, “equal pay for equal work,” this is not what the law requires. Instead, in New York, employers are required to provide equal pay for “‘substantially similar’ . . . work done by someone else at your workplace.” As the New York Attorney General’s Office goes on to explain, “[t]his similarity depends on the skill, effort, and responsibility the work requires, and the conditions under which it is performed.”
Thus, even if your job is not identical to someone else’s, you may still be entitled to equal pay under the law. If your respective jobs require similar skills and effort, if they involve similar levels of responsibility, and if you work in similar conditions, the law says that you are entitled to equal pay.
With this in mind, your job title also does not determine your rights under the law. Even if you have a different (and “inferior”) job title, you could still be entitled to equal pay. While employers often use differences in job titles to try to justify pay disparities, job titles are not determinative of employees’ compensation rights under New York law. If you perform substantially similar work, you are entitled to equal pay. The only exceptions are for legitimate compensation-related considerations, as we discuss below.
New York Prohibits Pay Discrimination Against Employees Who Are Members of Protected Classes
New York law prohibits pay discrimination against employees who are members of protected classes; or, stated differently, it prohibits pay discrimination based on employees’ protected characteristics. Protected characteristics under New York law include:
- Age
- Disability
- Family or marital status
- Gender identity or expression
- Genetic history
- Military status
- Race, creed, color, or national origin
- Sex
- Sexual orientation
- Status as a victim of domestic violence
Thus, while the federal Equal Pay Act applies specifically to sex-based pay discrimination, New York law does not. In New York, any employee who is a member of any protected class can file a pay discrimination claim if the employee has been paid less as a result of being a member of a protected class.
Employers Can Consider Legitimate Factors When Setting Employee Pay
While New York’s equal pay law provides broad protections, it does not require equal pay in all circumstances. While employers cannot pay employees differently based on their protected characteristics, employers can take into account legitimate factors such as:
- Education and Training – Employers are permitted to consider employees’ relevant education and training when making pay decisions, provided that these are truly the factors that are used to determine justified differences in pay.
- Experience – Along with education and training, employers are permitted to consider employees’ relevant experience when making pay-related decisions as well.
- Seniority – Employers can use bona fide seniority systems to reward employees who choose to stay with the company.
- Merit – Employers can also offer disparate compensation rates based on merit, when warranted. This can either be a part of, or entirely separate from, a bona fide seniority system.
- Productivity – New York law also allows employers to consider “quantity or quality of work production” when making pay-related decisions regarding employees in similar roles.
With that said, employers cannot use these factors as pretexts for pay discrimination. For example, if an employer’s pay scale is purportedly based on merit but the employer consistently pays female employees less than their male counterparts, an equal pay claim may still be warranted. Similar to job titles, the key consideration isn’t what an employer says on paper, but rather what it does in practice.
Do You Have an Equal Pay Claim?
With all of this in mind, do you have an equal pay claim?
Determining if you have an equal pay claim will involve examining the specific circumstances surrounding your employment. Among other things, this includes your pay rate and the pay rates of your coworkers who work in substantially similar positions.
By law, employers in New York are required to include pay information in job listings, and employers cannot prohibit their employees from discussing their pay rates. As a result, job listings and coworkers can both be useful sources of information for assessing your legal rights.
But, proving your legal rights may involve gathering information from other sources as well—including from your employer. To protect yourself in this scenario, you will want to hire a lawyer to deal with your employer for you. You have the right to find out whether your employer is treating you unfairly, and your employer cannot retaliate against you for hiring a lawyer to help you assert your legal rights.
If you have an equal pay claim, your lawyer can also take appropriate action on your behalf.
Depending on the circumstances, taking action may involve working with your employer informally, or it may involve going to court. You may be able to file a complaint with the New York Attorney General’s Office or the New York State Department of Labor as well. Here too, the specific circumstances of your case will be important for deciding how best to proceed.
Discuss Your Claim with a New York Equal Pay Lawyer in Confidence
If you need to know more about your right to equal pay in New York, we invite you to get in touch. Call 516-280-3008 or contact us online to discuss your claim with an experienced New York equal pay lawyer in confidence.
