Equality

Equality

A Delaware Pizza company is feeling the heat and not from it’s own ovens. Until recently PS Holding LLC (Pizza Studio) restaurant in Kansas City, Kan., violated federal law by withdrawing job offers from two teens after the female teen complained about being offered less pay than her male friend, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed yesterday.  PS Holding LLC (Pizza Studio) still owns other restaurants across the nation.

The EEOC’s lawsuit alleges that two high school friends, Jenson Walcott and Jake Reed, applied to work at Pizza Studio as “pizza artists” in 2016. Both were interviewed and offered jobs,  and when Walcott and Reed discussed their starting pay wage, Reed  revealed that he was offered 25¢ more per hour. Walcott called the restaurant to complain about the unequal pay. Immediately following this phone call, PS Holding LLC withdrew its offers of employment from both Walcott and Reed.

This alleged conduct by PS Holding LLC (Pizza Studio) would violate the Equal Pay Act of 1963, which prohibits companies from paying women and men unequally and retaliating against those who complain about or support a claim of unequal pay.

  • “No employer having employees subject to any provisions of this section shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to (i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) a differential based on any other factor other than sex: Provided, That an employer who is paying a wage rate differential in violation of this subsection shall not, in order to comply with the provisions of this subsection, reduce the wage rate of any employee.”- The Equal Pay Act of 1963 SEC 206 [Section 6]
Male/Female

Male/Female

The EEOC filed its lawsuit (Equal Employment Opportunity Commission v. PS Holding LLC (Pizza Studio), Civil Action No. 2:17-cv-02513 in U.S. District Court for the District of Kansas yesterday. The EEOC seeks monetary relief as well as a judgment and order requiring the company to implement policies and practices to prevent future discrimination. James R. Neely, Jr., director of the EEOC’s St. Louis District Office said “The federal law requiring equal pay for jobs requiring the same skill, effort, and responsibility is older than the law which protects employees from discrimination based on race, religion, color, sex, and national origin. Women must absolutely be paid the same as men for equal work.”

The EEOC’s Regional attorney in St,. Louis. Andrea G. Baran was quoted as saying “Perhaps even worse than offering unequal pay is firing employees when they make a good-faith inquiry regarding the possibility of unfair compensation. Employees need to know that the law protects co-workers who talk about their pay and those who complain if they believe the employer is not paying men and woman equally.”

The St. Louis District Office oversees Missouri, Kansas, Nebraska, Oklahoma, and a portion of southern Illinois, and is responsible for enforcing federal laws prohibiting employment discrimination. A lot of teens out there have no idea about the EEOC or it’s goal to ensure their fights in the workplace. If you have a teenager looking for their first job, the EEOC provides curriculum and guides for students and teachers along with videos that are aimed at helping young workers learn about the EEOC and their rights and responsibilities as employees. You can find all of the information on the EEOC’s Youth@Work website at (www.eeoc.gov/youth/).

Jones Brown PLLC

Jones Brown PLLC

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Whether you are entering the job market for the first time or were recently terminated, it is important to understand your rights as a worker. Both federal and state governments have enacted a wide range of employment laws protecting employees from discriminatory treatment, unfair labor practices, unsafe work conditions, and more. This section provides in-depth resources on all phases of the employment process — from the interview and hiring stage to promotion and termination. In addition, you’ll find information about privacy in the workplace, wage and hour laws, workplace safety and family leave policies.

Employment law governs the rights and responsibilities between employers and employees. Most of the laws and statutes that fall under employee law are meant to protect the employee from unfair and unsafe working conditions, but they also help to protect employers.

One large section of employment law deals with the “At Will” Presumption. In nearly every state in the US, it is presumed that both employer and employee are working together voluntarily, and can terminate their working relationship at any time, and for almost any reason.

Working environments can be chaotic and complex. The law offices of Jones Brown wants to make sure you are aware of your rights as an employee or employer. If you feel you have been wrongfully treated at work or on a job, our experienced attorneys know exactly what to do. Here are some common examples of employment law:

  • Collective bargaining
  • Employment discrimination
  • Employee Retirement Income Security Act (ERISA)
  • Unemployment compensation
  • Pensions
  • Workplace safety
  • Worker’s compensation

 

Sources:

https://www.eeoc.gov/eeoc/newsroom/release/9-5-17.cfm

http://www.eeoc.gov/youth/

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