Jurisdiction Ohio Resident working weekdays in Arkansas

I'm an Ohio resident (8 years, own property, return home each weekend) working in Arkansas 6.5 days per week. I'm a W2 employee of a company that is Headquartered in VA. I was hired and am managed by department in Georgia. My worksite is AR w/reimbursement for weekly travel to/from AR and my income taxes are paid to the state of AR.

I've just found out that I'm being paid $20/hr less then my 2 male co-workers. This has been going on for 6+ months. All thee of us are on the same contract and do the exact same work and are managed by the same manager. My qualifications are actually stronger then the male counter parts (more experience, higher eduction degree and certifications).

I want to seek a resolution to this issue, but can't find any guidance for what Jurisdication/laws would apply. Would it be Ohio (where I signed the contract), AR where I work or one of their states?

I'm putting together my complaint and my goal is to submit to the HR of my company first to allow them a chance to resolve this without any other actions. (Can they force me to use their mediation instead of filing with the EEOC on this action if they don't correct the issue?) I would like to have an attorney before I submit the complaint, but have no idea of what state applies.

1 answer  |  asked Oct 14, 2010 8:40 PM [EST]  |  applies to Ohio

Answers (1)

Neil Rubin
Practically speaking, it does not matter which state jurisdiction applies because gender discrimination and violation of equal pay statute is a violation of FEDERAL law. (State laws usually just track Title VII of the United States Code.) Further, since there are a few overlapping jurisdictions, federal law will most likely control.

Having said this, you mention in your question a "contract". If it is an employment "contract" (rare), there is probably a clause in it which designates the jurisdiction in the event of a dispute. However, this will apply only to breach of the contract itself and not violation of federal law.

You have many issues here including your question about company mediation. I would be willing to speak to you briefly free-of-charge to see if I can guide you further.

Neil Scott Rubin
Attorney at Law, LLC.
P.O. Box 691
Twinsburg, Ohio 44087

phone: 216-923-0333
fax: 330-405-0907
email: nsrubinlaw@hotmail.com
This email message is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client relationship; or 4) guarantee confidentiality.

posted by Neil Rubin  |  Oct 15, 2010 07:01 AM [EST]

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