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Equal Pay for Equal Work: The Diane B. Allen Equal Pay Act Explained

If you are paid less than a coworker for doing substantially similar work, and the difference tracks a protected characteristic, New Jersey law may be on your side. The Diane B. Allen Equal Pay Act amended the NJLAD to go well beyond the federal Equal Pay Act, and it gives employees real leverage.

What the law prohibits

The Act makes it unlawful to pay employees in a protected class less than other employees for substantially similar work, judged by skill, effort, and responsibility. The protected classes here are broad and include race, sex, age, religion, national origin, disability, sexual orientation, and gender identity. This is wider than the federal law, which focuses on sex.

Substantially similar, not identical

Jobs do not have to carry the same title to be compared. Courts look at the actual skill, effort, and responsibility the roles require. An employer cannot dodge the law by giving two employees different titles for essentially the same work.

The defenses an employer can raise

An employer can justify a pay gap only through a legitimate, non discriminatory factor such as a seniority system, a merit system, or differences in production, training, education, or experience. The employer also has to show the factor accounts for the entire difference and is applied reasonably. Prior salary alone is not a valid justification.

Why the damages matter

The Act allows back pay reaching back as far as six years, and it permits treble damages, meaning up to three times the amount owed, when a violation is proven. That makes these claims serious for employers and worthwhile for employees to pursue.

If you suspect a pay gap

New Jersey also protects your right to discuss pay with coworkers, so an employer cannot punish you for comparing salaries. Gather what you can about comparable roles and compensation, and speak with an attorney about whether the difference is lawful.

At John J. Zidziunas & Associates, LLC, our employment attorneys represent workers across New Jersey and the New York City area, including Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Nassau County, and Suffolk County. If you believe your rights at work have been violated, call us at (973) 509-8500 or contact us to set up a free consultation. We represent employees on a contingency fee basis.

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