Independent contractor misclassification denies workers of their rights and it a common problem throughout California...
Employees are protected by law against any form of discrimination, whether in the treatment of employees in the workplace or the granting of compensation at work. Under the Equal Pay Act or EPA, employees who are similarly situated or have similar positions should get similar compensation and benefits. The law does not mean that all employees should be granted identical compensation and benefits regardless of the type or amount of work they do as employers are given the prerogative to provide for merit-based compensation to their employees.
However, if your employer does not provide you with similar benefits or does not include you in the merit system of providing benefits to employees, then you might be a victim of compensation discrimination and your rights under the EPA is being violated. Apart from the EPA, there are other laws enacted to protect employees against equal pay discrimination. These laws include the Equal Employment Opportunity Commission, to include: Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, and Title I of the Americans with Disabilities Act of 1990.
These laws establish the rule on the rights of employees to receive fair compensation and benefits from their employers. These fair compensations include the right to receive overtime pay, stock options, bonuses, life insurance, profit sharing, vacation and holiday pay, hotel accommodations, reimbursements for travel expenses, gasoline allowances, and other benefits generally provided by employers to their employees at work.
However, if you are not being provided with similar compensation and you know that the reason behind it is because of your skin color, race, religious belief, marital status, gender, or disability, among others, then you should seek help from experienced discrimination lawyers to protect your rights. Seek assistance from Mesriani Law Group’s top Los Angeles Equal Pay Act discrimination attorneys who can fight aggressively and relentlessly for your rights to get the best compensation you deserve against your unjust employer.
How to Claim Damages for Equal Pay Discrimination
Every employee in California has the right to equal pay or pay that is equivalent to his or her work or job description. There are existing laws that protect this right of employees, such as the Equal Pay Act or EPA, which mandates that employees should be given equal pay for identical or equivalent work done. The EPA, however, does not promote tardiness among employees. This law also does not mean that all employees should be granted the same benefits but instead states that those who are equally situated or with the same position should be provided with the same or similar compensation based on their experience, skill set, and efficiency.
If you believe that you are being given less compensation despite your same position or even better skill sets than your co-workers, then you are a victim of Equal Pay Act discrimination. If this happens to you, make sure that you hire the best Equal Pay Act discrimination lawyers who can promptly give your assistance in claiming the maximum compensation you can get against your employer.
Telltale Signs of EPA Discrimination
Equal pay or compensation does not only refer to your salary. Equal pay also encompasses all the remunerations consequent of your employment, including:
- Minimum wage
- Overtime pay
- Meals and rest breaks
- Vacation leaves
- Holiday leaves
- Jury duty leaves
- Voting leaves
- Severance packages
If your employer fails to provide you with any of the benefits mentioned above or refuses to give you equal or similar pay as well as the full benefits above due to superficial factors such as your skin color, race, religious belief, marital status, gender, or disability, then you should report these discrepancies and grievances with your HR. However, if there is no action taken after relaying your complaint, the next best thing to do is hire experienced employment and labor law attorneys to help you negotiate with your employer and also help you prepare your claim with the proper government authorities.
Actions to Take in Case of EPA Discrimination
The worst thing you can do to your case is to negotiate your claims and reach for a settlement on your own. Your employer has the resources to hire expert defense lawyers who can easily frustrate your claims, putting you in a disadvantage. The opposing party can hire insurance adjusters and experienced defense lawyers to protect them from your claims and keep them from paying for damages. They can also negotiate down your demands and give you less than the appropriate amount of compensation. They can even make you waive your claims altogether and not receive any form of compensation at all due to technicalities or exploited loopholes in your claim. Your limited knowledge on proper legal proceedings may also dampen your chances.
Your employer also has the connections and ascendancy over your co-employees which will make it difficult for you to obtain witness declarations from your co-workers in support of your claim. These circumstances are why it is ill-advised to pursue your claims alone without knowing about the proper legal processes or getting help from legal professionals.
Hence, in order to make sure that your claims are successful or that your employer will take your demands seriously and not resort in any underhanded tactics, the best course of action is to gather all evidence necessary beforehand to build a robust case and make it flow accordingly and at a reasonable pace. Hiring a top Los Angeles Equal Pay Act lawyer can also provide you with the best legal solutions to your problems and ensure that you get the appropriate compensation for your claims.
Seek Legal Assistance from Top Labor Law and Employment Attorneys
If you feel that your employer is violating your rights as an employee by means of not paying you the appropriate wages, refusing to give your proper, law-mandated benefits, or evaluating you inappropriately, you should immediately seek legal help from labor law and employment attorneys for compensation and wage discrimination claims. Seeking legal advice from these attorneys who have decades of experience will make sure that you get the best compensation that you deserve at the swiftest possible time and uphold equal pay in your workplace.