MIAMI, FL – October 27, 2026 — Employees who discover that a coworker of the opposite gender earns more for substantially equal work often wonder whether the pay difference is lawful. Miami equal pay attorney Anisley Tarragona of BT Law Group, PLLC has released a detailed guide (https://btattorneys.com/miami-discrimination-lawyer/equal-pay/) explaining how federal and Florida compensation laws apply, what qualifies as equal work, and which remedies and deadlines may affect a wage discrimination claim.

According to the guide, both federal and Florida laws prohibit gender-based compensation discrimination, but they do so in different circumstances and through different procedures. Miami equal pay attorney JAnisley Tarragona explains that 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,” says Berkowitz.

Miami equal pay attorney Anisley Tarragona notes that 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, Berkowitz 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,” Berkowitz observes. “A sales manager and a senior account director might perform substantially equal work, while two people sharing the same title could carry very different levels of authority.” 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. Attorney Berkowitz 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, and the guide stresses the importance of acting promptly. 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. Berkowitz adds that retaliation can take many forms beyond termination, including demotion, reduced hours, sudden negative reviews, exclusion from opportunities, or inconsistent discipline. The guide also reviews confidentiality in wage disputes and factors to weigh before accepting a severance or settlement offer.

BT Law Group, PLLC represents employees throughout 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.

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.

About BT Law Group, PLLC:

BT Law Group, PLLC is a Miami-based employment law firm founded by Jason D. Berkowitz and Anisley Tarragona, both of whom bring prior experience representing management at national labor and employment firms. The firm represents employees in wage discrimination, workplace discrimination, retaliation, harassment, and related employment disputes throughout Miami-Dade County and across Florida. For consultations, call (305) 507-8506.

 

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Phone: (305) 507-8506
Address:3050 Biscayne Blvd STE 205, Miami, FL 33137
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Website: https://btattorneys.com/