How Do You Deal with Unfair Pay at Work in New York?
In today’s economy, many people struggle more than they used to, prompting workers to evaluate their pay more discerningly. If you have done this and have concerns that your pay is unfair, you may need to speak with a Syracuse employment law attorney. If you contact Gattuso & Ciotoli PLLC, we can discuss your situation and help you determine your recourse.
How Can We Help?
Conflict with your employer is almost always stressful, making many people hesitate to push for higher or more fair pay if an initial request is denied. Gattuso & Ciotoli PLLC provides personalized services to our clients, which means one-on-one interactions and the ability to speak directly with the attorney handling your case. Our firm feels strongly about accountability to New York employers who exploit those working for them.
What is Unfair Pay?
Fair pay in New York is determined by multiple federal and state laws. Those of note include the Equal Pay Act of 1963, the Wages and the Fair Labor Standard Act, and some New York State Human Rights Law. These pieces of legislation set the below standards for fair and equal pay in New York:
- Equal pay for substantially similar work
- The right to discuss pay with coworkers
- The right to withhold information about pay from previous positions
- Protection against discrimination and retaliation
- The right to see pay information when you apply to most positions
If you have concerns that your pay is not equitable to coworkers in similar positions or any other incidents that may violate your rights as a worker, you have options to protect your rights.
Pay Gap
While legislation is in place to protect against unfair pay practices, it is critical to take notice that these often fail in practice. In a statement from the New York Attorney General, Letitia James reminds us that the gender wage gap is still very real. She reports that women are, on average, paid .88 for each dollar paid to men, and women of color receive .63 and .56 less than their male counterparts. If you find yourself facing this kind of wage disparity, your employer is violating the law.
Filing a Complaint
Taking steps to address and handle unfair wages can feel intimidating and daunting. However, labor rights will offer some degree of protection while you navigate the process. Some of the steps you can take to rectify the issue include:
- Speak with your supervisor or HR and ensure there is a follow-up summarizing the conversation in writing
- You may choose to file a complaint with the New York State Office of the Attorney General Taskforce for Workers’ Equality
- You may file a complaint with the New York State Department of Labor
- If you are in New York City, you may also file a complaint with the New York City Commission on Human Rights
You may also choose to secure an attorney to work with you while taking these steps, though you can legally do any of the above without legal representation. Some of the complaints listed above may ask if you intend to file a civil lawsuit and if you are currently in the process of doing so.
If you are considering pursuing the case in civil court, the investigations and outcomes of your complaints may affect the outcome of your civil case. Bringing on an attorney in the beginning of this process can help you set up the most strategic plan of action and avoid unexpected complications.