Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm News
Author: Scarinci Hollenbeck, LLC
Date: March 14, 2016
The Firm
201-896-4100 info@sh-law.comProposed 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 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.
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.
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.
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.
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 has been named to the NJBIZ 2026 Best Places to Work in New Jersey, earning recognition in the Medium Companies category (50 to 249 employees). Now in its latest edition, the annual program honors New Jersey organizations that go beyond the paycheck to invest in their employees’ growth and quality of life. […]
Author: Scarinci Hollenbeck, LLC

Two Scarinci Hollenbeck Attorneys Selected as Committee Directors for the 2026-2028 Term Scarinci Hollenbeck is pleased to announce that two of its attorneys, Angela A. Turiano and Seraphema Menna, have been elected to the New Jersey Women Lawyers Association (NJWLA) Board of Directors for the 2026-2028 term. Angela was selected as a Director on the […]
Author: Scarinci Hollenbeck, LLC

Tabakin and Team Advance the Footprint of Scarinci Hollenbeck’s Labor & Employment, Litigation, Real Estate, Land Use, and Public Law Practice Throughout New Jersey Scarinci Hollenbeck announced the addition of Mark Tabakin and his team of six attorneys, significantly strengthening the firm’s Labor & Employment, Litigation, Land Use, and Environmental practices for private and public […]
Author: Scarinci Hollenbeck, LLC

Rutgers and Seton Hall Law Students Join the Firm’s 8-Week Summer Associate Program. May 27th, 2026 – Little Falls, NJ – Two law students will join Scarinci Hollenbeck’s 2026 Summer Associate Program, which begins Monday, June 1st. Both students will assist with all aspects of the firm’s practice groups throughout their 8-week internship. They will […]
Author: Scarinci Hollenbeck, LLC

Three Scarinci Hollenbeck NYC Attorneys Earn Prestigious Honor Legal rankings publisher Super Lawyers has named three lawyers from Scarinci Hollenbeck’s New York office to its 2026 New York Metro Super Lawyers list. The firm congratulates Ryan O. Miller, Angela A. Turiano, and John D. Giampolo for this notable accomplishment. The Super Lawyers patented selection process […]
Author: Scarinci Hollenbeck, LLC

Firm Continues Investment in Business Law, Bankruptcy & Restructuring, Litigation, and Real Estate to Meet Evolving Client Demands Scarinci Hollenbeck new partners John D. Giampolo and George A. McGowan, III are joining the firm, alongside Counsel Graham K. Staton and Senior Associate Amanda M. Kronemeyer. The four additions reflect Scarinci Hollenbeck’s continued investment in the […]
Author: Scarinci Hollenbeck, LLC
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
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!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!