Legal Question in Civil Litigation in Pennsylvania

emplyoment law

everyone in my dept makes 8.00 hr more then I do but my management refuses to adjust my pay and I do the same exact job as my counter parts. how do I get my page adjusted?


Asked on 7/24/08, 10:46 am

2 Answers from Attorneys

Daniel Cevallos Cevallos & Wong, LLP

Re: emplyoment law

You may have an equal pay act claim against your employer. The Equal Pay Act of 1963, Pub. L. No. 88-38, 77 Stat. 56, (June 10, 1963) codified at 29 U.S.C. � 206(d), is a United States federal law amending the Fair Labor Standards Act, aimed at abolishing wage differentials based on sex. In passing the bill, Congress denounces sex discrimination for the following reasons:

It depresses wages and living standards for employees necessary for their health and efficiency;

it prevents the maximum utilization of the available labor resources

it tends to cause labor disputes, thereby burdening, affecting, and obstructing commerce;

it burdens commerce and the free flow of goods in commerce; and

it constitutes an unfair method of competition.

The law provides (in part) that:

No employer having employees subject to any provisions of this section [section 206 of title 29 of the United States Code] shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs[,] the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to (i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) a differential based on any other factor other than sex.

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Answered on 7/24/08, 11:43 am
Solomon Weinstein Solomon Weinstein, Esquire

Re: emplyoment law

Are you a full time employee like the others. Unless you are a member of a union or have a contract the difference in wage may not be something you can make your employer adjust. However if you are being discriminated under a protective class you may have a claim of some sorts. Fo example, if you are the only woman in your department, or if you are a minority and are being discrimated due to race, religion, creed nationality etc. If you are getting less money for some other protected right you then may have a claim. You should speak with an attorney about the issue as there is insufficent information

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Answered on 7/24/08, 11:44 am


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