Chandler#81 Posted February 2, 2009 Share Posted February 2, 2009 'Da Prez' signed into law the equal pay for equal work bill last week. Overdue since the advent of Eve, how, exactly will this be provided? Would a prospective new female employee have the right to know exactly what I make, if applying for an equal position? Does/should she then invoke Freedom of Information laws to sate herself that she'll be making equal pay? I've championed this cause whenever my professional positions availed, but I'm not sure to what degree this will impact privacy 'rules'. Case in point, my position came at a specified salary range. Through lengthy negotiations, I garnered a salary above the top limit and more vacation time coming in. Will new prospects have a right to know this? I'm all about equal pay, but I fear this is gonna get interesting.. Thoughts? Link to comment Share on other sites More sharing options...
Johnny Coli Posted February 2, 2009 Share Posted February 2, 2009 'Da Prez' signed into law the equal pay for equal work bill last week. Overdue since the advent of Eve, how, exactly will this be provided? Would a prospective new female employee have the right to know exactly what I make, if applying for an equal position? Does/should she then invoke Freedom of Information laws to sate herself that she'll be making equal pay? I've championed this cause whenever my professional positions availed, but I'm not sure to what degree this will impact privacy 'rules'. Case in point, my position came at a specified salary range. Through lengthy negotiations, I garnered a salary above the top limit and more vacation time coming in. Will new prospects have a right to know this? I'm all about equal pay, but I fear this is gonna get interesting.. Thoughts? The Civil Rights Act in 1964 already abolished sex-based descrimination in employment. It is already illegal to offer a woman (or someone with a disability, or to discriminate based on race or age) less money to take the same position. What the Lilly Ledbetter Fair Pay Act does is extend the statute of limitations 180 days for every paycheck that that person received with the unequal compensation. Previously a person would have had to file suit within 180 days of agreeing unknowingly to the unequal compensation. A company could avoid a lawsuit if they could hide the wage discrepancy from the person for six months since they were hired. This Act basically treats each paycheck as a seperate abuse case, and adds six months to the statute of limitations. If you worked there for a year, received 26 paychecks, then found out years down the road that you weren't compensated fairly under the anti-discrimination in employment laws, the statute of limitations in your case would be 13 years after your last paycheck. Here is the text of the final Bill. Link to comment Share on other sites More sharing options...
Chandler#81 Posted February 2, 2009 Author Share Posted February 2, 2009 The Civil Rights Act in 1964 already abolished sex-based descrimination in employment. It is already illegal to offer a woman (or someone with a disability, or to discriminate based on race or age) less money to take the same position. What the Lilly Ledbetter Fair Pay Act does is extend the statute of limitations 180 days for every paycheck that that person received with the unequal compensation. Previously a person would have had to file suit within 180 days of agreeing unknowingly to the unequal compensation. A company could avoid a lawsuit if they could hide the wage discrepancy from the person for six months since they were hired. This Act basically treats each paycheck as a seperate abuse case, and adds six months to the statute of limitations. If you worked there for a year, received 26 paychecks, then found out years down the road that you weren't compensated fairly under the anti-discrimination in employment laws, the statute of limitations in your case would be 13 years after your last paycheck. Here is the text of the final Bill. Very informative! Thanks, JC. I didn't see a reference though to my scenario question in the O.P. Would 'special' accomodations/negotiations to one employee officially mark the bar higher for future prospects, or is special consideration still acceptable without divulging specifics? I'd certainly want to know what the top package is, when coming aboard. -Even with the acknowledged compensation range. Link to comment Share on other sites More sharing options...
Johnny Coli Posted February 2, 2009 Share Posted February 2, 2009 Very informative! Thanks, JC. I didn't see a reference though to my scenario question in the O.P. Would 'special' accomodations/negotiations to one employee officially mark the bar higher for future prospects, or is special consideration still acceptable without divulging specifics? I'd certainly want to know what the top package is, when coming aboard. -Even with the acknowledged compensation range. These are anti-discrimination laws, so an employer is allowed to pay employess differently for the same job provided the reasoning isn't because they are a member of a class that is protected by the law, ie race, gender, age, disability, etc. It is spelled out here, Equal Pay Act, with the relevent part being: Pay differentials are permitted when they are based on seniority, merit, quantity or quality of production, or a factor other than sex. These are known as "affirmative defenses" and it is the employer's burden to prove that they apply. So, in the scenario you describe, yes an employer may pay another person more money as agreed upon in the salary negotiation, and the burden of proof for why that person is compensated more falls on the employer. Link to comment Share on other sites More sharing options...
Wacka Posted February 2, 2009 Share Posted February 2, 2009 A bone to the ambulance chasing trial lawyers, pure and simple. Link to comment Share on other sites More sharing options...
Kingfish Posted February 2, 2009 Share Posted February 2, 2009 A bone to the ambulance chasing trial lawyers, pure and simple. Damn straight! Who the hell do these broads think they are? Link to comment Share on other sites More sharing options...
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