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Equal Pay Protection Guidelines Released for the State of New Jersey

Jul 20, 2018 3:15:00 PM

Earlier this month the New Jersey Department of Labor and Workforce Development (NJ DOL) released guided forms in relation to the Diane B. Allen Equal Pay Act. This Act was signed into law April 24, 2018 in the state of New Jersey; it states: “effective July 1, 2018, any employer entering into a contract with the state of New Jersey or an instrumentality of the state for ‘qualifying services’ or ‘public work’ must provide to the New Jersey Department of Labor and Workforce Development (NJ DOL) wage and demographic data for its employees.”

Why is this important? This law, and laws like it, are continuing to push Equal Pay Protection to employees across the country. This goes back to the Equal Pay Act of 1963 where President John F. Kennedy signed the amendment into law which aimed to remove the wage disparity based on sex. In today’s world the wage gap has narrowed from what it once was, however, it still exists. There are a number of existing reasons or circumstances as to why this is; as more research and study delves deeper into this issue, enacting Equal Pay Protection rules and guidelines ensures that this topic doesn’t simply get pushed to the side.

To delve a bit deeper, “Qualifying Services” are defined as, “the provision of any service to the State of New Jersey or to any other public body, except for public work.”

“Public work” has a more detailed explanation; it is defined as:

Construction, reconstruction, demolition, alteration, custom fabrication, or repair work, or maintenance work, including painting and decorating, done under contract and paid for in whole or in part out of the funds of a public body, except work performed under a rehabilitation program.

“Public work” shall also mean construction, reconstruction, demolition, alteration, custom fabrication, or repair work, done on any property or premises, whether or not the work is paid for from public funds, if, at the time of entering into the contract, the property or premises is owned by the public body or:

(a) Not less than 55% of the property or premises is leased by a public body, or is subject to an agreement to be subsequently leased by the public body; and

(b) The portion of the property or premises that is leased or subject to an agreement to be subsequently leased by the public body measures more than 20,000 square feet.

Similar to other Equal Pay Protection laws discussed in the past, the NJ DOL states the following must be reported for each affected employee: gender, race, ethnicity, job category, compensation, and number of hours each employee has worked. New Jersey state contractors are also bound by this law, requiring to provide this data for all employees working in connection with a public work contract.

Once again, this is another great step towards closing the wage gap. As researchers continue to study the causes and effects of the labor force, laws like this help it remain in the spotlight and push to get real data on this phenomenon.

 

Click the link HERE to read the NJ DOL’s official page on the Diane B. Allen Equal Pay Act.

 

 

 

 

Bibliography

ADP Research Institute . (2018, July). New Jersey Department of Labor and Workforce Development Releases Guidance and Forms Regarding Equal Pay Protections. Retrieved from ADP Research Institute Legislative Updates: https://www.adp.com/tools-and-resources/adp-research-institute/insights/insight-item-detail.aspx?id=23453BF5-C7B1-4D6A-987B-FC03142DBEEF

Equal Pay Act of 1963 - EPA - 29 U.S. Code Chapter 8 § 206(d). (n.d.). Retrieved from findUSlaw: https://finduslaw.com/equal-pay-act-1963-epa-29-us-code-chapter-8-206d

State of New Jersey Department of Labor and Workforce Development. (2018). New Jersey Equal Pay Act. Retrieved from State of New Jersey Department of Labor and Workforce Development: https://nj.gov/labor/equalpay/equalpay.html

 Photo by Ben Lacasse | The State Press
"Lack of game attendance may contribute to the wage gap between male and female athletes." Illustration published on Thursday, April 5, 2018.

 

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