Thanks to federal laws passed half a century, or so ago, workers do have some kind of power in this country. When the Fair Labor Standards Act was first passed, it guaranteed American workers a minimum wage for the work they performed.
Today, nearly all employees in the country have a right to minimum wage, overtime pay, and certain other rights regarding their payment.
As a worker, it’s important to ensure you know your rights and receiving fair pay. If you suspect you are a victim of pay discrimination, you might need to read on to determine how best to combat this issue.
Defining Pay Discrimination
How do you know if you’re being wronged by your employer? Pay discrimination occurs when employees that perform equal work are not paid for that work.
Under federal law, it is actually the content of a job that determines if positions are equal or not. If you are doing the same work as another employee (even with a different title!) but getting paid less, you might have a legal case.
The reasons why this discrimination occurs may vary from case to case. It may be due to race, gender, religious affiliation, or any number of qualifiers — these are all illegal under federal law.
All aspects of pay are protected underpay discrimination laws, not just salary. Overtime pay, bonuses, holiday pay, allowances, and essentially any form of money passing from employer to employee is protected.
You have a right to fair pay that is both at or above the current federal minimum wage and equal to the payment of others in your workplace. If this isn’t the case, you should contact Davtyan Law Firm.
Proving Wage Discrimination
If you think that you are not receiving fair pay for the work that you are doing, what kind of actions can you take? We’ll have to look into the fine print of the government’s Equal Pay Act to determine that.
The act stipulates that a claimant does not have to prove that two jobs are identical but that the ‘skill, effort and responsibility required’ are more or less equal in nature.
If you and an attorney were to sit down and try and determine how to prove this, what elements would you be looking at to see if you have a case? You would probably break down those terms above: skill, effort, and responsibility.
Skill can be defined as the background an employee has: their education, experience, ability, and training. Effort refers to the physical and mental workload that a person in a position would be required to take on, and responsibility would indicate the level of accountability associated with the position.
If your attorney can prove that your position and another higher-paid one are more or less equal on these counts? You may have a fair labor act violation on your hands.
What is Fair Pay?
Fair pay is a legal requirement that all employers must adhere to. If you think you might be facing some sort of wage discrimination in the workplace, it’s important to understand the above information and seek legal help.
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