Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm News

New NJ Equal Pay Laws Will Impact Monmouth Employers

Author: Scarinci Hollenbeck, LLC

Date: March 14, 2016

Key Contacts

Back

Amendments to NJ Equal Pay Law Will Impact Monmouth County Employers

Proposed changes to New Jersey’s Equal Pay Law are currently moving through the Legislature. If they become law, Monmouth County employers will face additional liability under the New Jersey Law Against Discrimination (LAD).

New NJ Equal Pay Laws Will Impact Monmouth Employers

New Jersey’s Equal Pay Law currently bans discrimination in the rate or method of payment of wages to an employee because of his or her sex. Senate Bill 992 aims to increase the protections against pay discrimination and close the wage gap between men and women. Below are several key provisions of the proposed amendment, which has cleared the Senate and is currently moving through the Assembly.

Pay Differentials

The bill would make it an unlawful employment practice in New Jersey for an employer to discriminate between employees on the basis of sex by paying a rate of compensation, including benefits, to employees of one sex less than the rate paid to employees of the other sex for substantially similar work, when viewed as a composite of skill, effort and responsibility. The proposed legislation also prevents employers from reducing the rate of compensation of any employee in order to comply with the amended law.

When pay disparities do occur, the burden would be on the employer to demonstrate that the differential is made pursuant to a seniority system or a merit system, or is based on legitimate, bona fide factors other than sex, such as training, education, experience, or the quantity or quality of production. Employers must also show that each factor is applied reasonably, that one or more of the factors account for the entire wage differential, and that the factor or factors do not perpetuate a sex-based differential in compensation, are job-related and based upon legitimate business necessities.

Continuing Violations

Under the proposed measure, a discriminatory compensation decision occurs each time the employee is paid. Accordingly, the provision restarts the applicable statute of limitations governing discriminatory compensation claims under the LAD, effectively making each paycheck a new or continuing violation.  In addition, the proposed amendment provides that aggrieved workers may obtain relief for back pay for the entire period of time in which the violation has been continuous, if the violation continues to occur within the statute of limitations. The bill also makes it a violation of the LAD for an employer to require an employee to agree to any reduction of any applicable statute of limitation.

Retaliation

Finally, Senate Bill 992 also amends the LAD to prohibit an employer from retaliating against an employee for disclosing information about job titles, occupational categories, rates of compensation, gender, race, ethnicity, military status, or national origin of employees or former employees.  It also prohibits an employer from requiring, as a condition of employment, any employee or prospective employee to waive rights under the law.

Steps to Boost Compliance

On the federal level, pay disparity is also hot topic in employment law. As recently discussed on this blog, the Equal Employment Opportunity Commission will begin requiring companies to provide pay data on EEO-1 Forms in 2017. Given the increased scrutiny, Monmouth County employers should review their wage polices and procedures to identify any practices that could be construed as discriminatory. Employers should also verify that all wage decisions are documented in writing and based on a legitimate, business necessity.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Scarinci Hollenbeck Announces Three Attorney Promotions for 2026 post image

Scarinci Hollenbeck Announces Three Attorney Promotions for 2026

Scarinci Hollenbeck, LLC announces the promotion of three attorneys effective January 1, 2026: Samantha L. Blake and Brittany P. Tarabour to Counsel, and Kevin M. Cuddihy to Senior Associate. The following summarizes each attorney’s practice and experience. Samantha L. Blake Promoted to Counsel Samantha L. Blake has been promoted to Counsel and practices out of […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Announces Three Attorney Promotions for 2026"
NJBIZ Features Two Scarinci Hollenbeck Partners on the 2026 Commercial Real Estate Market Forecast post image

NJBIZ Features Two Scarinci Hollenbeck Partners on the 2026 Commercial Real Estate Market Forecast

Scarinci Hollenbeck real estate partners Donald Pepe and Joe DeMarco were recently interviewed by NJBIZ reporter Kimberly Redmond for a feature examining what may shape the commercial real estate market in 2026. The article explores several issues currently influencing development and investment decisions across New Jersey, including redevelopment considerations, regulatory and financing pressures, emerging asset […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "NJBIZ Features Two Scarinci Hollenbeck Partners on the 2026 Commercial Real Estate Market Forecast"
Scarinci Hollenbeck Partner Angelo Auteri Receives the Michael A. Pane Ethics in Government Award post image

Scarinci Hollenbeck Partner Angelo Auteri Receives the Michael A. Pane Ethics in Government Award

Little Falls, New Jersey — Scarinci Hollenbeck, LLC is pleased to announce that Partner Angelo Auteri has been awarded the Michael A. Pane Ethics in Government Award, one of New Jersey’s most esteemed recognitions for integrity and professionalism in public service. The award was presented on Thursday, November 20th during the New Jersey State League […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Partner Angelo Auteri Receives the Michael A. Pane Ethics in Government Award"
Scarinci Hollenbeck Named in the 2026 Edition of Best Law Firms® post image

Scarinci Hollenbeck Named in the 2026 Edition of Best Law Firms®

November 6, 2025 – Little Falls, NJ – Scarinci Hollenbeck, LLC is proud to be recognized in the 2026 edition of the Best Law Firms rankings, published by Best Lawyers. The firm has been named a Regional Tier 1 firm in New Jersey in five practice areas, a Regional Tier 2 firm in New Jersey […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Named in the 2026 Edition of Best Law Firms®"
Scarinci Hollenbeck Attorneys Named 2025 New York Metro Super Lawyers post image

Scarinci Hollenbeck Attorneys Named 2025 New York Metro Super Lawyers

Angela A. Turiano and Ryan O. Miller of Scarinci Hollenbeck’s NYC Office Earn Prestigious Honor Legal rankings publisher Super Lawyers has named two lawyers from Scarinci Hollenbeck’s New York office to its 2025 New York Metro Super Lawyers list. The firm congratulates Angela A. Turiano and Ryan O. Miller for this notable accomplishment. No more […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Attorneys Named 2025 New York Metro Super Lawyers"
Scarinci Hollenbeck Secures Major Win for Jersey City Renovation Project post image

Scarinci Hollenbeck Secures Major Win for Jersey City Renovation Project

Donald M. Pepe and Patrick T. Conlon Secure Appellate Ruling Dismissing Challenge to Jersey City Improvement Project Little Falls, NJ – October 22, 2025 – Scarinci Hollenbeck, LLC has secured a significant appellate win on behalf of the Exchange Place Alliance District Management Corporation. The Appellate Division of the New Jersey Supreme Court affirmed the […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Secures Major Win for Jersey City Renovation Project"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!