Miami Equal Pay Attorney Explains Pay Discrimination Claims

Miami Equal Pay Attorney Anisley Tarragona from BT Law Group, PLLC, has provided a detailed guide on pay discrimination claims under Florida and federal law. The guide explains that both federal and Florida laws prohibit gender-based compensation discrimination, but they do so in different circumstances and through different procedures.

According to Tarragona, identifying which law applies is a critical first step, as it shapes the available deadlines, remedies, and legal options. Many employees assume one law covers every pay dispute, but the applicable statute can change everything about how a claim moves forward, she notes.

Florida Statutes 448.07 prohibits covered employers from paying employees of one gender less than employees of the opposite gender for equal work. The statute defines wages broadly to include all compensation, including the cash value of noncash compensation. Importantly, subsection (4) excludes employers subject to the federal Fair Labor Standards Act, so the Florida law does not reach every employer in the state.

The guide outlines four lawful bases for a pay difference under Florida law: a seniority system, a merit system, a system measuring earnings by quantity or quality of production, or a reasonable factor other than gender applied in good faith. When an employer relies on a factor other than gender, Tarragona points out that the evidence can reveal whether that factor actually influenced the pay decision and whether it was applied consistently.

A central theme of the guide is what counts as "equal work." The comparison does not require identical jobs or job titles; instead, it focuses on whether positions require equal skill, effort, and responsibility and are performed under similar working conditions. "Job titles can be misleading," Tarragona observes. Actual duties, the firm emphasizes, matter more than labels.

On proving wage discrimination, the guide distinguishes between a federal Equal Pay Act claim, which centers on an opposite-gender comparator receiving higher pay for substantially equal work in the same establishment, and a Title VII compensation claim, which is broader and does not require such a comparator. Tarragona advises employees to preserve records they can lawfully access, including pay stubs, W-2s, offer letters, raise and bonus records, performance reviews, job descriptions, and organizational charts, while cautioning that workers should never access or remove confidential files they are not authorized to view.

The guide also addresses available damages. Under Florida Statutes 448.07, a prevailing employee can recover the difference between wages received and the amount required, limited to unpaid wages from the one year before filing, along with costs and reasonable attorney's fees. The federal Equal Pay Act allows back pay plus an equal amount in liquidated damages absent a good-faith defense, while Title VII can add front pay and, when applicable, compensatory and punitive damages subject to statutory caps based on employer size.

Filing deadlines vary significantly by claim. A Florida Statutes 448.07 action must be brought within six months after employment ends. A federal Equal Pay Act claim allows two years from the violation, or three years if willful, and does not require an EEOC charge before suit. Title VII requires a charge filed within 300 days in Florida, and a Florida Civil Rights Act complaint allows 365 days and begins with an administrative filing.

The firm's guide further explains that federal law prohibits retaliation against employees who raise protected pay concerns, with protections arising under both the Fair Labor Standards Act and Title VII. Tarragona adds that retaliation can take many forms beyond termination, including demotion, reduced hours, sudden negative reviews, exclusion from opportunities, or inconsistent discipline.

For employees who suspect an unlawful pay disparity, contacting an equal pay attorney in Miami may help clarify which laws apply, preserve essential records, and determine applicable deadlines before options are lost. BT Law Group, PLLC, can be reached at (305) 507-8506 for consultations.

The guide is part of BT Law Group's ongoing efforts to support employees in Miami and Miami-Dade County, including Brickell, Downtown Miami, Wynwood, Coral Gables, Doral, Hialeah, Miami Beach, Kendall, and Coconut Grove. The firm handles matters in Miami-Dade County Circuit Court, the U.S. District Court for the Southern District of Florida, and before the EEOC and the Florida Commission on Human Relations.