Equal Pay Act Violations

The Equal Pay Act (EPA) requires employers to provide equal pay for equal work, and if they violate this law, they may be sued for workplace discrimination. Employees have the right to work in a workplace free of compensation discrimination. These rights and protections are enforced by the Equal Employment Opportunity Commission (EEOC).

The EPA amended the Fair Labor Standards Act and applies specifically to gender-based discrimination in the workplace. Employers may not pay women and men differently who perform the same function in similar working conditions. If you are unsure of what constitutes gender-based discrimination, our employment lawyers can help.

Pay differentials are only permitted when there is some basis other than gender that justifies the pay scale. Factors other than gender can include: 

• Skill – measured by factors such as experience, ability, education, and training required to do the job. These are the skills required for the job, not the skills that the employee may possess.

• Effort – the amount of mental or physical exertion needed to perform the job

• Responsibility – the degree of accountability required for the job

• Working Conditions – can include physical surroundings and hazards
• Establishment – the EPA applies only to jobs within an establishment, which is a distinct physical place of business

The burden is on the employer to prove that these differences apply to the case, not on you as the employee. Minor differences in job duties or a difference in a job title do not render work unequal, and the job does not have to be identical, just “substantially equal” in overall job content. 

If you believe that your employer has violated the EPA, contact our employment law firm can help. Schedule a consultation with one of our experienced employment law attorneys at our offices in North Carolina or South Carolina today. 

Family And Medical Leave Act Violations

The Family And Medical Leave Act is a labor law that requires employers to provide employees with unpaid, job-protected leave for specified family and medical reasons. When an employee takes FMLA leave, the employer must continue group health insurance coverage, under the same terms and conditions as if the employee had not taken leave. Employees are entitled to up to 12 workweeks of unpaid leave per year. You are eligible for FMLA leave for any of the following conditions: 

• Birth of a child or placement of a foster child or adopted child
• Caring for an immediate family member with a serious health condition
• The employee’s own serious health condition
• A “qualifying exigency” related to a family member in the military

To be eligible to take leave under FMLA, an employee must work for a covered employer, have worked 1,250 hours during the 12 months prior to starting leave, work at a location where the employer has 50 or more employees and worked for the employer for 12 months. 

FMLA law protects employees and helps them to balance their work, health, and family responsibilities. However, not all employers understand the law, and some willfully deny employees coverage. For example, an employer may fail to recognize serious health conditions or may discipline an employee for their FMLA-qualified absences. They may also fail to continue health insurance or pressure employees who are on leave to return to work sooner than the employee wants. An employee may even be fired for taking FMLA leave. 

Illegal and unethical workplace behaviors, like FMLA violations, marginalize employees. If you believe this has happened to you, contact an employment attorney at The Noble Law. You may be able to be reinstated to your position or be paid the wages and benefits lost because of an FMLA violation. Our employment law firm has offices in both North Carolina and South Carolina. Schedule a consultation with an employment attorney today.