One type of pay transparency is employers revealing a position’s salary range to applicants during the hiring process. It also refers to employees exchanging information about compensation and noting possible discrepancies. As of September 2021, 17 states have passed laws requiring pay transparency from employers.
Addressing wage disparity between coworkers reveals whether an employer is providing unequal pay for equal work. Listing salary during the hiring process allow prospective employees to gauge whether the employer provides fair compensation for the position.
Employers are not required to disclose what they pay other employees. Employees do have the right to ask after, reveal, and talk about pay with other employees or applicants without fear of retaliation. Pay includes wages, overtime compensation, insurance, retirement, stock options, and more.
Complaints can be filed against employers who discriminate against workers who discuss pay with applicants or other employees. Complaints may be filed through the Office of Federal Contract Compliance Programs (OFCCP) as well as the Equal Employment Opportunity Commission (EEOC). If you have experienced discrimination, you may also want to consult an attorney.
New Jersey has the New Jersey Law Against Discrimination (NJLAD) and the Diane B. Allen Equal Pay Act (Equal Pay Act).
The NJLAD makes it illegal for an employer to discriminate in terms of wages against most employees because of sex, gender identity, gender expression, or pregnancy. It is also illegal under the law for employers to retaliate against employees for requesting, disclosing, or speaking about wage information to other employees or former employees. Employees may also seek legal advice from lawyers or government agencies regarding their employer’s compensation without fear of reprisal. Employers may not prevent workers or prospective employees from discussing pay as a condition of employment.
The Equal Pay Act protects most employees against wage discrimination via rate or payment method. Violators may be found guilty of a misdemeanor and may be penalized with a fine, incarceration, or both. Employees who file civil actions against employers in violation of the Equal Pay Act may receive the full wages due to them, along with attorney fee reimbursement and other costs as the court allows.
Neither the NJLAD for the Equal Pay Act addresses pay transparency via disclosing salary ranges during the hiring process. Local ordinances such as those in Jersey City require employers to include minimum and maximum wage range in job postings. Restrictions may apply, such as Jersey City’s law, which is only for employers who use the city as their main place of business.
South Jersey Employment Lawyer at The Law Offices of Leo B. Dubler, III, LLC Advocates for Employees Seeking Pay Transparency
If you are experiencing retaliation for asking about, discussing, or disclosing wages, consult an attorney. Our experienced South Jersey employment lawyer at The Law Offices of Leo B. Dubler, III, LLC will defend your workplace rights. To schedule a free consultation, contact us online or call us at 856-235-7075. Located in Atlantic City and Mount Laurel, New Jersey, we proudly serve clients throughout South Jersey, including Cherry Hill, Burlington County, and Camden County.