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You know the phrase, “an honest day’s pay for an honest day’s work.” What happens when that honest day’s pay is different for different people doing the same honest day’s work? It becomes equal pay discrimination and it is illegal under federal and local laws in Miami. The experienced attorneys at the Derek Smith Law Group have helped people just like you who have been denied equal pay get the compensation they deserve.
Equal pay discrimination in Miami occurs when an employer uses measures not related to skill, education, or responsibility to determine an employee’s or job applicant’s compensation. This could manifest is denying benefits, providing a lower wage, or denying pay for holidays, vacation, and sick time. Wage discrimination should never be made based on an employee’s or job applicant’s:
These are considered protected classes and should never be used in making wage or compensation decisions in the workplace.
Title VII of the Civil Rights Act of 1964 makes it illegal to discriminate against any employee in a company of 15 or more employees based on a protected class. The law also prohibits wage decisions from being made based on a protected class status.
The Americans with Disability Act (ADA) prohibits employers with 15 or more employees from using disability to help determine pay rates. The Equal Payment Act of 1963 (EPA) prohibits employers with 15 or more employees from payment men and women different wages for the same job. The Lilly Ledbetter Fair Pay Act of 2009 allows the statute of limitations to start over every time a paycheck that is part of a wage discrimination claim is written.
Title XXXI, Chapter 448 of the Florida Statutes prohibits wage discrimination based on gender. The Florida Civil Rights Act (FCRA) prohibits Florida employers with 15 or more employees from discriminating against an employee or job applicant, including using discriminatory factors to determine wages.
When filing a lawsuit for equal pay discrimination in Miami, it is important to have evidence to prove your claim. This can come in the form of direct evidence, disparate evidence, or policy evidence.
Like everything, there are exceptions to the rule. There are times when pay disparities are legal. The following qualities can allow for pay rates to differ between employees who appear to have the same job:
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It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial
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Compensation includes more than a salary. It includes benefits, sick days, holiday pay, and vacation pay. Here are some examples of compensation discrimination in Miami:
Title VII, ADEA, and ADA claims must be filed with the Equal Employment Opportunity Commission (EEOC). In Miami, the time limit to file these claims is 300 days. The EEOC will investigate the claims to make sure they follow the guidelines of the law and issue a Right to Sue letter, which gives you 90 days to file your lawsuit in federal court.
You do not need to file a claim with the EEOC under the EPA. You are provided a time limit of 180 days to file a complaint in federal court for an EPA claim. However, under the Lilly Ledbetter Fair Pay Act, the 180 days renews every time a paycheck is issued with the discriminatory pay rate.
Finally claims filed under the FCRA or Title XXXI of the Florida Statute must be filed within 1 year of the date of the last incident. Under Florida’s work-sharing agreement, any claim filed with the EEOC or under Florida laws will automatically be filed with the other governing agency to ensure the claim has the best chance of being heard.
When you file a claim for wage discrimination in the courts, you are looking for relief. The remedies commonly available through the courts include, but are not limited to:
A lawsuit in Miami can last anywhere from 4 to 6 months to a year or longer, depending on the details of the case. If your employer is willing to negotiate a fair settlement, your case may be settled within 4 to 6 months. However, if your employer refuses to negotiate with you, you will need 8 months to a year or longer to prepare for trial. The trial may then take an additional few days to several weeks or longer until a judgment is entered by the courts.
As you decide what to do next with your lawsuit, here are a few things you can do to help move your case along.
You have the right to receive a fair wage that matched your co-worker’s fair wages. If you are the victim of equal pay discrimination in Miami, the experienced attorneys at the Derek Smith Law Group (one of FindLaw’s top discrimination law firms) can help. We have helped our clients win over $165,000,000 and we want to help you. Contact us today at (305) 946-1884 for your free consultation. We do not collect any payment until you win your case.
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