Miami Equal Pay Lawyer
Learning that a coworker of the opposite sex earns more for substantially equal work can raise an important question: is the pay difference legal? Federal and Florida laws prohibit sex-based compensation discrimination in different circumstances and provide different avenues for pursuing a claim.
Jason D. Berkowitz and Anisley Tarragona, the founding partners of BT Law Group, PLLC, represent employees facing workplace discrimination and other employment disputes. As Miami discrimination lawyers with prior experience representing employers, they draw on their background when handling equal pay claims in Florida.
In this guide, you will learn how equal pay laws may apply in Florida, what qualifies as equal work, what evidence can help establish a wage disparity, and what remedies may be available.
A pay disparity can raise questions about your rights and the legal options available to you. Call BT Law Group, PLLC at (305) 507-8506 to discuss your situation with a Miami equal pay lawyer.
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What Is Equal Pay Discrimination Under Florida Law?
Florida Statutes § 448.07 prohibits covered employers from paying employees of one sex less than employees of the opposite sex for equal work. The law defines wages broadly to include all compensation paid by an employer, including the cash value of noncash compensation, and it also applies to anyone who causes or attempts to cause an employer to discriminate.
The statute defines an employer as a person employing two or more employees, but subsection (4) excludes employers subject to the Fair Labor Standards Act (FLSA). FLSA coverage can apply through the employer’s business activities or an individual employee’s involvement in interstate commerce, so § 448.07 does not cover every Florida employer with two or more employees.
The statute allows four bases for a lawful pay difference:
- A seniority system that rewards length of service on consistent terms.
- A merit system based on documented performance standards.
- A quantity or quality system that measures earnings by production or output.
- A reasonable factor other than sex that is applied in good faith.
When an employer relies on a factor other than sex, the evidence can show whether that factor actually influenced the pay decision and whether the employer applied it consistently.
Key Takeaway: Florida Statutes § 448.07 prohibits sex-based pay differences for equal work when the statute applies, but it excludes employers subject to the FLSA. Whether the law covers a particular employer should be determined before relying on its remedies or filing deadlines.
Which law applies can affect the deadlines, remedies, and legal options available in a wage discrimination claim. Call BT Law Group, PLLC at (305) 507-8506 to discuss your circumstances and determine the appropriate next steps.
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What Counts as "Equal Work" for a Pay Claim?
Equal work does not mean the jobs must be identical. The comparison focuses on whether the positions require equal skill, effort, and responsibility and are performed under similar working conditions. The employees’ actual duties are more important than their job titles.
Skill, Effort, and Responsibility
Skill refers to the experience, training, education, and ability required for the job, based on the position itself rather than an individual employee’s qualifications. Effort refers to the physical or mental exertion needed to perform the work, while responsibility concerns the level of accountability involved, such as supervising employees, managing budgets, or handling client matters.
Employees with different titles can still perform equal work. For example, a Miami sales manager and a senior account director could have comparable roles if their duties and responsibilities are substantially the same. By contrast, employees with the same title might not perform equal work if one has significantly greater authority or responsibilities.
Similar Working Conditions
Working conditions refer to the physical surroundings and hazards associated with the job. For example, an employee working outdoors at a construction site in Miami-Dade County could face different conditions from someone performing similar tasks in a climate-controlled office. Under the federal Equal Pay Act, the time of day a job is performed is not itself a working condition, although a bona fide shift differential can qualify as a factor other than sex.
Where and how employees perform their jobs can also provide useful context when comparing their work. Employees at the same facility who report to the same supervisor and handle similar accounts can provide a clearer comparison of duties, responsibilities, and pay.
Employees do not need identical job titles for their work to qualify as equal under applicable pay laws. Call BT Law Group, PLLC at (305) 507-8506 to discuss whether the duties and responsibilities involved support a wage discrimination claim.
How Do You Prove Wage Discrimination in Miami?
The evidence needed to prove wage discrimination depends on the law involved. Under the federal Equal Pay Act, a claim focuses on whether an opposite-sex employee in the same establishment received higher pay for substantially equal work. Title VII compensation claims are broader and do not require an opposite-sex employee performing substantially equal work.
Comparator Evidence
For an Equal Pay Act claim, a comparator is an opposite-sex employee who received higher pay for substantially equal work in the same establishment. The employees do not have to hold the positions at the same time in every case, and a predecessor or successor can serve as a comparator when the circumstances support the comparison.
An employer can defend a pay difference by pointing to factors such as greater experience, additional responsibilities, or differences in performance. Pay records, salary bands, job duties, and other employment records can help determine whether the stated reason actually accounts for the difference.
Documentation Employees Should Gather
Employees should preserve records they can lawfully access that help show their compensation, job duties, and work history, including:
- Pay stubs and W-2s covering the period of the suspected pay difference.
- Offer letters and raise or bonus records showing starting pay and later changes in compensation.
- Performance reviews documenting work performance and evaluations.
- Job descriptions and organizational charts showing duties, responsibilities, and reporting relationships.
Employees should not access records they are not authorized to view or remove confidential employer files. Instead, they should preserve documents already in their lawful possession and keep a record of relevant communications.
Key Takeaway: Evidence of a pay disparity is stronger when compensation records and job duties support a clear comparison between employees, while Title VII can cover compensation discrimination even without a substantially equal opposite-sex comparator.
Building a clear record of compensation and job responsibilities can help identify the facts behind a suspected pay disparity. Call BT Law Group, PLLC at (305) 507-8506 to discuss the available evidence and options for addressing the difference.
What Damages Can You Recover for Unpaid Wages?
If Florida Statutes § 448.07 applies, an employee can recover the difference between the wages received and the amount required under the statute, limited to unpaid wages from the one year before filing the claim. The prevailing party can also recover costs and reasonable attorney’s fees.
Federal law provides different remedies. Under the federal Equal Pay Act, a successful employee can recover back pay plus an equal amount in liquidated damages unless the employer establishes a good-faith defense to liquidated damages. Title VII can provide additional remedies, including front pay and, when applicable, compensatory and punitive damages, with statutory caps applying to compensatory and punitive damages based on employer size.
The value of a wage discrimination claim depends on the law that applies, the amount and duration of the pay difference, and the remedies available. Call BT Law Group, PLLC at (305) 507-8506 to discuss the compensation you lost and the forms of recovery available in your case.
How Long Do You Have to File a Claim in Florida?
Filing deadlines for wage discrimination claims depend on the law involved. Under Florida Statutes § 448.07, an employee has six months after employment ends to bring an action. The statute also limits recovery to unpaid wages from the one year before filing, so delays can reduce the amount recoverable even before employment ends.
Federal claims follow different timelines and procedures. A federal Equal Pay Act claim does not require an Equal Employment Opportunity Commission (EEOC) charge before filing suit, while Title VII requires an EEOC charge. A complaint under the Florida Civil Rights Act can be filed with the Florida Commission on Human Relations, the EEOC, or another qualifying fair-employment-practice agency.
| Claim | Filing deadline | Where the claim starts |
|---|---|---|
| Florida Equal Pay Act (Fla. Stat. § 448.07) | Within 6 months after employment ends | Court of competent jurisdiction |
| Federal Equal Pay Act (29 U.S.C. § 206(d)) | 2 years from the violation; 3 years if willful | Federal or state court; no EEOC charge required before suit |
| Title VII sex-based pay discrimination | 300 days to file a charge in Florida | Charge required before suit |
| Florida Civil Rights Act | 365 days to file a complaint | Florida Commission on Human Relations, EEOC, or another qualifying fair-employment-practice agency |
For certain federal compensation and discrimination claims, each paycheck affected by a discriminatory compensation decision can trigger a new filing period. The federal Equal Pay Act follows its own limitations rules, so the deadline depends on which claim applies.
Discrimination Attorneys in Miami - BT Law Group, PLLC
Jason D. Berkowitz, Esq.
Jason D. Berkowitz is a Miami labor and employment attorney who represents employees in discrimination, retaliation, harassment, wage and hour, and other workplace disputes. Before founding the firm, he was a partner in the Miami office of a national labor and employment firm where he represented management, including Fortune 100 companies.
Jason earned his J.D. cum laude from the University of Miami School of Law and is admitted to practice in Florida, all three U.S. District Courts in Florida, and the U.S. Court of Appeals for the Eleventh Circuit. His litigation experience includes cases under Title VII of the Civil Rights Act, the Fair Labor Standards Act, the Americans with Disabilities Act, and the Florida Civil Rights Act.
Anisley Tarragona, Esq.
Anisley Tarragona, a University of Miami School of Law graduate, focuses on employment litigation and workers’ rights. She represents employees in discrimination, sexual harassment, retaliation, wrongful termination, and unpaid wage matters and brings prior experience representing management at a national labor and employment firm.
Anisley litigates in federal and state courts, before administrative agencies, and in arbitration proceedings. She is admitted to practice in Florida, all three U.S. District Courts in the state, and the U.S. Court of Appeals for the Eleventh Circuit. She is fluent in Spanish and works directly with Spanish-speaking clients.
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Can Your Employer Retaliate for Raising Pay Concerns?
No. Federal law prohibits employers from retaliating against employees for protected activity related to discriminatory pay. The Equal Pay Act is part of the Fair Labor Standards Act (FLSA), which includes anti-retaliation protections, while Title VII provides separate protection for employees who oppose sex-based compensation discrimination or participate in a covered proceeding.
Retaliation can take forms other than termination. Actions that occur after an employee raises a protected pay concern can include:
- Demotion or reassignment to a lower-level position or less desirable territory.
- Reduced hours or lost compensation opportunities, such as fewer shifts or removal from commission accounts.
- Sudden negative performance reviews that differ from the employee’s previous record.
- Exclusion from opportunities, including meetings, training, or promotion tracks.
- Increased or inconsistent discipline, particularly when workplace rules were enforced differently before the complaint.
The timing and circumstances of these actions can help establish whether they are connected to the employee’s protected activity. Employees should document when they raised the pay concern, who received the complaint, and any workplace changes that followed.
Keeping a clear record can help show how an employer responded after a protected pay complaint. To discuss possible retaliation and the legal options available, contact BT Law Group, PLLC at (305) 507-8506.
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Is Your Wage Discrimination Case Confidential?
Court filings are typically public, but sensitive information exchanged during discovery does not automatically become part of the public record. A confidentiality agreement can restrict how confidential compensation, payroll, or personnel information is used and disclosed. However, it does not automatically prevent information filed with the court from becoming public.
Confidentiality Agreements for Pay Records
A confidentiality agreement sets rules for handling confidential information exchanged during discovery. In a wage discrimination case, the parties can seek protection for sensitive records such as payroll data, personnel files, and other employment information. The scope of protection depends on the terms of the parties’ agreement.
Keeping information confidential during discovery is different from sealing a court filing. A party seeking to seal a document must satisfy the court’s requirements for restricting public access, and a court can instead require sensitive information to be redacted. Courts in Florida rarely allow documents to be filed under seal, particularly in employment disputes.
Confidential Settlements
Confidentiality can also become an issue when certain types of wage discrimination cases settle. A settlement agreement can restrict disclosure of the settlement amount or include broader provisions addressing the underlying dispute, non-disparagement, and the consequences of violating the agreement.
These provisions have legal limits. A severance or settlement agreement cannot prevent an employee from filing a charge with the Equal Employment Opportunity Commission (EEOC) or from testifying, assisting, or participating in an EEOC investigation, hearing, or proceeding. A valid release can still affect the employee’s right to obtain personal recovery for claims covered by the agreement.
Confidentiality provisions can affect what an employee can disclose during and after a wage discrimination dispute. For help assessing these terms before agreeing to them, contact BT Law Group, PLLC at (305) 507-8506.
Should You Accept a Severance or Settlement Offer?
Before accepting a severance or settlement offer, consider both the payment and the rights you are giving up. Many agreements include broad releases of existing employment claims, and whether an equal pay claim is waived depends on the agreement’s language and applicable law. A release cannot prevent an employee from filing a charge with or participating in a proceeding before the Equal Employment Opportunity Commission (EEOC).
The amount offered should also be compared with the potential value of the wage claim. This includes the documented pay difference and any other remedies available under the applicable law. Employees aged 40 or older who are asked to waive claims under the Age Discrimination in Employment Act (ADEA) receive specific federal protections, including at least 21 days to consider an individual agreement and seven days to revoke it after signing. Certain group termination programs require at least 45 days for consideration.
A severance or settlement offer can also be negotiated. Having records of the pay difference, relevant job duties, and comparable employees can help an employee evaluate the offer and respond to its terms.
Signing an agreement can affect the ability to pursue existing employment claims, so the release terms deserve careful consideration. Before accepting an offer, contact BT Law Group, PLLC at (305) 507-8506 to discuss the agreement and what rights it requires you to give up.
Service Areas
BT Law Group, PLLC represents employees throughout Miami and Miami-Dade County, including workers in Brickell, Downtown Miami, Wynwood, Coral Gables, Doral, Hialeah, Miami Beach, Kendall, and Coconut Grove. Cases are handled in Miami-Dade County Circuit Court and the U.S. District Court for the Southern District of Florida, as well as before the EEOC and the Florida Commission on Human Relations. Our team also takes employment matters elsewhere in Florida where state and federal wage discrimination law applies.
Discuss Your Equal Pay Claim with BT Law Group
Pay differences can be difficult to assess without knowing how compensation decisions were made and which laws apply. Acting promptly gives you time to preserve relevant records and determine which filing deadlines and legal options apply to your situation.
Jason D. Berkowitz and Anisley Tarragona of BT Law Group, PLLC represent employees in wage discrimination, workplace discrimination, and retaliation matters throughout Miami-Dade County. Their prior experience representing employers provides insight into how companies assess pay disputes, respond to employee claims, and defend compensation decisions. We also represent employees in related sex and gender discrimination matters.
BT Law Group, PLLC works with employees throughout Miami and surrounding communities. Call (305) 507-8506 to speak with our team about your pay concerns and next steps.
Frequently Asked Questions About Equal Pay in Miami
Is it illegal for my employer to pay me less just because I'm a woman in Florida?
Yes. Federal and Florida laws prohibit sex-based pay discrimination when their requirements are met. Florida Statutes § 448.07 covers equal work but excludes employers subject to the Fair Labor Standards Act (FLSA), while other protections exist under the federal Equal Pay Act, Title VII, and the Florida Civil Rights Act.
What is the difference between the Florida Equal Pay Act and the federal Equal Pay Act?
Florida Statutes § 448.07 allows a direct civil action when it applies, limits unpaid-wage recovery to one year before filing, and has a six-month-after-termination filing period. The federal Equal Pay Act provides two years to sue, or three years for a willful violation, and can provide liquidated damages equal to the back-pay award.
Do I have to file a complaint with a government agency first?
It depends on the law. The federal Equal Pay Act and Florida Statutes § 448.07 do not require a charge before filing suit, while Title VII does. Florida Civil Rights Act claims start with an administrative complaint as well.
Can I be fired for asking coworkers about their salaries?
Many private-sector employees have the right to discuss wages with coworkers under the National Labor Relations Act (NLRA). The law does not cover every worker, and separate retaliation protections can apply when an employee raises concerns about sex-based pay discrimination.
