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NJ’s Diane B. Allen Equal Pay Act Does not apply retroactively to conduct occurring before Its Effective Date


Federal district court grants employer’s motion to dismiss

In Perrotto v. Morgan Advanced Materials, at NJ federal district court has ruled that the Diane B. Allen Equal Pay Act (NJEPA) does not apply retroactively to conduct occurring before its effective date of July 1, 2018.
In this case, the plaintiff was terminated prior to NJEPA becoming law.  She alleged gender-based pay discrimination and retaliation under NJEPA.  In reviewing the case, the court determined that there is a presumption that statutes will be applied prospectively, instead of retroactively, unless the following situations occur:

  1. Express or implied legislative intent;
  2. The amendment is curative; or
  3. When the expectations of the parties so warrant.
The foregoing has been prepared for the general information of clients and friends of Workplace Dynamics LLC and is not being represented as being all-inclusive or complete. It has been abridged from legislation, administrative ruling, agency directives, and other information provided by the government. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel.