
If you work for a business or company, you are likely familiar with many of the employee rights that have been established over the years. Unfortunately, wage discrepancies still exist today in many workplace settings. If you think that you may be a victim of pay discrimination, you likely have questions about your legal rights. A Fort Lauderdale equal pay lawyer at The Law Office of Michelle Cohen Levy, P.A. can help you better understand the laws that apply.
At The Law Office of Michelle Cohen Levy, P.A., we understand that wage disputes can have a major impact on an employee’s livelihood and career. Attorney Michelle Cohen Levy has dedicated many years to serving individuals and businesses in Broward County. She operates her own law firm, so she attends to every case herself. Clients are provided with personal service and realistic legal advice when it comes to their rights in the workplace.
Essentially, equal pay laws prohibit employers from paying one employee more or less than another employee for equal work. When employers compensate their workers, they cannot use illegal or discriminatory factors to make these decisions.
Under Federal law, the Equal Pay Act of 1963 protects employees from wage discrimination based on sex, which continues to be a common issue. The median weekly wages of women who worked full-time wage and salary jobs in 2024 were 83% lower than those of male full-time workers. Women 16 years of age and older who typically work full-time made $1,043 in 2024, while men made $1,261.
Similarly, under Florida state law, the Florida Civil Rights Act of 1992 prohibits discrimination in the workplace on the basis of religion, race, color, sex, national origin, age, handicap, or marital status.
If you have been paid less than another coworker, several issues must be reviewed to determine whether the equal pay laws cover your situation. Factors such as job responsibilities, method of compensation, experience, education, and employer policies may affect your potential claim.
Many employees believe that in order to assert an equal pay claim, they must have the exact same job title as the coworker to whom they are comparing themselves. In actuality, the court looks at the specific job duties that an employee is required to perform.
Employees performing equal work typically have similar job duties that require equal skill, effort, and responsibility and are performed under similar working conditions. If there is a difference in wages between two employees, employers sometimes justify the discrepancy by claiming things like seniority, merit, or experience. Gaps can also form over time when long-term staff see their raises fall behind what a company offers to brand-new hires. When determining whether employees are being paid fairly, it is important to analyze all aspects of the employees’ positions.
Pay discrimination can occur in any workplace. There are numerous businesses throughout Fort Lauderdale that have multiple employees who handle similar job responsibilities. Employees may learn of wage discrepancies when talking to coworkers or simply through salary range research online. Other instances include:
Before contacting a Fort Lauderdale equal pay attorney, employees should understand that an equal pay dispute can be document-intensive. Your contract, pay stubs, performance reviews, promotion history, if any, and your employer’s pay policies are just some of the pieces of evidence that need to be reviewed.
Employers can often defend their position by pointing to an employee’s experience, education, or performance. Therefore, it is important to understand the full story behind your wage discrepancy when you hire an equal pay lawyer.
The filing deadline may also be important for your claim. Some claims must be filed within a certain period of time under federal law and/or Florida state law. By allowing sufficient time to evaluate your situation, you help prevent yourself from missing important deadlines.
Employment-related claims can generally be filed with a federal agency, a Florida state agency, or in court. Depending on the facts of your claim, you may have the option of going to small claims court. One Fort Lauderdale courthouse is the Broward County Central Courthouse, located at 201 SE 6th Street, Fort Lauderdale, Florida 33301.
Exceptions to Equal Pay include when there is a difference in pay due to a seniority system, a merit system, a system that measures earnings by quantity or quality of production, or pay is different because of any factor other than sex. These four exceptions are typically what employers use to defend their pay decisions in equal pay evaluations.
Whether or not your employer can refuse to pay you for 40 hours depends on whether you are an exempt or nonexempt employee under federal wage and hour laws. Most salaried employees who are exempt get paid a set salary even if they work more or less than the typical 40-hour work week. With that said, an employer still can’t improperly deduct from an exempt person’s salary.
One example of a violation of the Equal Pay Act would be if an employer paid a woman less than a man who was doing equal work. Equal work means work that requires equal skill, effort, and responsibility and is performed under similar working conditions. If there is no reason for the lower salary, the employer may be liable under federal law.
You may not necessarily be able to claim unequal pay if an employee negotiated a higher pay for the same job and you did not. However, if there is evidence of male employees receiving higher negotiations and female employees being denied or discouraged from negotiating, you may have a claim. In this case, patterns are analyzed to see if unequal pay has occurred.
If you have received unequal pay, contact The Law Office of Michelle Cohen Levy, P.A. We can look at the facts of your case, hold your employer accountable, and help you receive the compensation you deserve.
I offer free initial phone consultations for all legal matters. I invite you to schedule your assessment today
by completing my online contact form or by calling my Lighthouse Point office at 954-651-9196.