Understanding Your Right to Equal Pay
Employees in New York State must receive equal pay for equal work. The New York Labor Law protects employees from being paid less than their colleagues of the opposite sex when performing work that requires equal skill, effort, and responsibility, under similar conditions, regardless of industry or occupation. This protection ensures equal pay for equal work across all employment sectors in New York State.
How to Recognize Potential Pay Violations
Employers can pay their workers differently based on legitimate factors, such as seniroity, merit-based evaluations, measurable productivity, and experience or education. But employees should take notice if they are being being paid less than their opposite-sex colleagues, despite having similar qualifications and responsibilities.
Gendered or sex-stereotypical factors are red flags. For example, if an employer is paying more to a colleague because they are the “head of the household.”
You Can Discuss Your Wages with Coworkers
The law provides important protections for discussing pay. You have the right to:
- Ask about wages
- Discuss your pay with coworkers
- Share wage information with others
While employers can set reasonable limits on when and where these discussions occur, they cannot prevent them entirely.
It is illegal for your employer to retaliate against you for exercising these rights. Importantly, these protections continue even after your employment has ended.
Taking Action
If you believe you’re experiencing pay discrimination, you should be sure to document everything. It is crucial to keep copies of all relevant employment records. Make sure to note the dates, times, and details of any concerning incidents. Additionally, save any communications about your pay, job duties, and performance. Also, take notes on your colleagues’ pay, job duties, and performance.
Understanding your rights and maintaining thorough documentation are crucial steps in addressing pay equity violations. If you believe you’re experiencing wage discrimination, proper documentation can help support your case and protect your rights under New York law.
