EQUAL PAY ACT (EPA):

EQUAL PAY ACT (EPA) LAWYER IN COLUMBIA, SC

The Equal Pay Act, if the employer is covered under the Act, provides workers with legally enforceable protection against gender discrimination in wages and benefits.  The Law provides, in essence, that employees must be given equal pay for equal work.   The Act protects both genders although, the more common case is unequal pay provided to women.

Employees can be different, have different jobs or skills, experience or education.   Remember, the basic rule is that an employer can pay anybody any amount the employer desires.  The Act provides protection only for actual equal work and only if the disparity in pay is gender based.  In order to begin to consider an Equal Pay Act case, you must have legitimate and substantial evidence of the following:

The employee was paid less than another employee of different gender and the work they both performed was equal:

  •  “Equal Work” is determined by all of the following: equal skill required, equal effort and responsibility required, the work was performed under similar working conditions.
  • These facts provide enough evidence to begin to determine if there is a suit as it indicates a pay differential based on gender. (ie. a prima facie case)

Once these facts are established the burden shifts generally to the employer (defendant) and now the Employer must produce evidence of a gender neutral reason for the pay disparity.

Willful Violations:  If it is determined that the factors are met, then it is what is called a prima facie case (“minimum evidence to proceed”) of the violation and the employer is liable for compensatory damages if it cannot provide evidence of a neutral reason.  Depending on the facts of the case an employee can make a case that the violation was willful which requires evidence that the employer knew, or should have known, of the Equal Pay Act provisions and recklessly disregarded them. A willful violation can result in additional damages.

A Complaint – Lawsuit for violations of the Equal Pay Act must be filed (commenced) in state or federal court within two years of the date the cause of action accrued or one’s knowledge or discovery of the discrimination.  Because it is hard to know other employee’s salaries, this fact had been used to bar or partially bar cases in which the employee learned of the disparate pay at a later date.  This issue has been recently amended by Congress to provide some relief for that issue through the “Lilly Ledbetter Act.”

Any type of discrimination claim is complex and will likely be met by many highly paid and experienced attorneys on the employer’s side.  Further, most EPA cases also have a Title VII component because of the facts of the case and there may well be other causes of action.  Although the case may be filed in state court, the employer usually can remove the case to Federal Court which is a more complex process.

HOW CAN WE HELP?

Charles (Chuck) Ormond and Ben Dunn together have over forty (40) years of experience in employment and labor issues and litigation including Equal Pay Act cases.   Both partners have experience representing both employees and employers and, this background, assists them in resolving employment cases justly on either side of the case.  Once a case is evaluated, and if the facts create a case which can be filed in Court, you will have both attorneys working for you.  The Firm does accept employment cases where the legal fees are on a contingency basis and will meet with you for a one half hour initial consult for $50.00 in order to determine if you have a valid employment case or give legal advice regarding an employment matter.

EMPLOYMENT LAW – WORKERS COMP

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