New York Equal Pay Attorney

One of New York’s First Employment Law Firms, Built to Handle Pay Discrimination Cases

Pay discrimination is one of the harder employment law claims to pursue because the evidence is rarely handed to you. Employers don’t document pay differences by protected class. They justify gaps with performance ratings, title distinctions, and shifting job descriptions. Building a strong equal pay case in New York requires attorneys who understand how those defenses work and how to dismantle them. That’s what we do at Schwartz Perry & Heller LLP.

We are one of the first law firms in New York to concentrate on employment law, and our attorneys have spent decades litigating pay discrimination claims in state and federal court. Our case results go back to the early 1990s, and it is difficult to find a New York court decision in employment law that doesn’t reference a matter we’ve handled. That litigation depth isn’t background color. It shapes how we investigate pay disparity, how we build the record, and how we press for results. With over 100 years of collective attorney experience, we represent workers across industries who have faced unequal pay and other forms of workplace discrimination.

To speak with our experienced New York equal pay lawyers, call us at (646) 490-0221 or contact us online today.

The Equal Pay Legal Framework in New York

Most people know the federal Equal Pay Act of 1963, which prohibits wage discrimination based on sex for equal work. New York’s equal pay law goes further. New York Labor Law Section 194 requires equal pay for substantially similar work, a broader standard that looks past job titles to the actual content of what an employee does. And unlike the federal statute, New York law protects workers based on gender and a range of other protected characteristics, including race, national origin, and sexual orientation.

Covered compensation isn’t limited to base salary. Bonuses, benefits, expense accounts, travel reimbursements, and insurance coverage all fall within the law’s scope. The key question is whether the work requires substantially similar skill, effort, and responsibility under similar working conditions. If it does, a pay difference must be justified. The burden falls on the employer to prove that any gap is based on a legitimate, job-related factor: a seniority system, a merit system, quantity or quality of production, or another bona fide factor unrelated to a protected characteristic. Employers who can’t meet that burden may face liability. Workers in the five boroughs also have an additional layer of protection under the New York City Human Rights Law, which is among the most employee-protective statutes in the country.

Stronger Protections for New York Workers

New York has built a framework around its equal pay law that directly addresses the information gap that makes pay discrimination so hard to discover. Several rules work together to give workers a clearer picture of what fair pay looks like and a clearer path when their pay doesn’t match it.

Salary History Ban
New York State prohibits employers from asking applicants or employees for their salary history. The purpose is practical: if prior pay was itself the product of discrimination, banning that question stops past inequity from following workers into new jobs.

Pay Discussion Rights
New York State law protects employees’ right to discuss compensation with coworkers. An employer who disciplines a worker for having those conversations is breaking the law, and those conversations are often how pay discrimination first comes to light.

NYC Pay Transparency Law
Under New York City’s Pay Transparency Law, employers with four or more employees must include a salary or hourly rate range in job postings, including postings for roles that could be performed remotely in New York City. That requirement gives workers a documented benchmark for identifying pay disparities before they even accept a new position.

Filing Options & Statute of Limitations
Employees who believe they are facing unequal pay in New York City can file complaints with the New York City Commission on Human Rights, the EEOC, or the New York State Division of Human Rights. Under the New York Equal Pay Act, employees may also proceed directly to court without filing an EEOC charge first. The statute of limitations for New York state equal pay claims is longer than under the federal EPA, which means more workers have the opportunity to pursue pay disparities that went unaddressed for years.

How We Handle Equal Pay Cases

We handled Burns v. TileBar LLC, 2021 U.S. Dist. LEXIS 94377 (S.D.N.Y. May 18, 2021), where the court granted a motion to compel discovery in a case alleging that the plaintiff and several women were paid less than their male counterparts. That kind of procedural work, forcing disclosure of the pay records and comparator data that employers prefer to keep internal, is often what determines whether a claim can be proven. Our attorneys know how to get that information.

Our approach begins with a detailed investigation: mapping the roles at issue, comparing actual job duties against stated titles and descriptions, documenting the pay differential, and identifying comparators whose work was substantially similar under New York’s standard. From there, we assess which forum and legal theory give our client the strongest position and build toward either a negotiated resolution or trial. Our attorneys are recognized in Super Lawyers, and we are a member of the Million Dollar Advocates Forum. We pursue settlements aggressively and litigate when necessary, and our record reflects both.

Frequently Asked Questions

What Constitutes Equal Pay Discrimination in New York?

Equal pay discrimination arises when there is a pay discrepancy based on gender or another protected characteristic for substantially similar work. New York Labor Law Section 194 considers skill, effort, responsibility, and working conditions when assessing pay equity. Employers can’t justify pay differences through altered job titles or shifting work descriptions intended to obscure real job similarities. These protections support compensation based on objective, job-related factors rather than subjective perceptions. Additionally, New York’s anti-retaliation measures allow employees to seek legal assistance without fear, reinforcing the fight against wage inequality.

How Can I Prove Wage Discrimination in New York?

Proving wage discrimination means demonstrating less pay for substantially similar work performed by colleagues in a different protected class. In New York, that requires documenting job duties, performance metrics, and salary records and identifying a higher-paid comparator whose work requires substantially similar skill, effort, and responsibility. Working with an equal pay attorney in New York can help compile that evidence and surface patterns that aren’t always visible at first. We build thorough narratives that highlight inconsistencies in pay and workplace practices and identify the legal theories most likely to move your case forward.

What Are My Legal Options if I Face Pay Disparity?

If you’re facing pay disparity, consulting an equal pay attorney in New York is a smart first step. Legal options include filing a complaint with the Equal Employment Opportunity Commission (EEOC), filing with the New York State Division of Human Rights, filing with the New York City Commission on Human Rights, or pursuing a lawsuit directly under the New York Equal Pay Act without first filing an agency charge. We help you evaluate which path fits your situation, breaking down the tradeoffs so you can make an informed decision about how to proceed.

What Should I Expect When Filing an Equal Pay Claim?

Filing an equal pay claim involves several stages, beginning with gathering documentation and selecting the appropriate forum. Under the New York Equal Pay Act, you may proceed directly to court without first filing with the EEOC, though agency filing remains one available option. New York’s legal system is known for thorough claim examination, and we can guide you through each phase with clarity, managing the procedural steps while you focus on your personal and professional well-being. The timeline varies depending on whether the matter resolves through settlement or proceeds to litigation.

Why Choose Schwartz Perry & Heller LLP for Your Equal Pay Case?

Schwartz Perry & Heller LLP brings over 100 years of collective experience in employment law, and we are one of the first firms in New York to concentrate on this practice area. Our attorneys are frequently cited in court rulings and have contributed to shaping how employment law is applied in New York. Recognized in Super Lawyers and a member of the Million Dollar Advocates Forum, we offer clients the combination of local knowledge and courtroom experience that equal pay cases demand. Clients receive personalized, direct representation from attorneys who treat their case as the serious matter it is.

Talk to a New York Equal Pay Lawyer

If you believe you’re being paid less than colleagues doing substantially similar work, we’re ready to assess your situation. We offer personalized consultations with no obligation to retain us after that initial conversation. Call us at (646) 490-0221 or contact us online to get started.

Acting sooner can preserve more options. Call (646) 490-0221 or reach out online to speak with a New York equal pay attorney today.