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That Dude Gets Paid More Than Me?!?!: Why Pay Equity Matters

byMary Ellen Murrah

Every year on September 18th, International Equal Pay Day is celebrated as a reminder of the continued gender pay gap that exists worldwide in the workforce. While progress has been made in recent years, women still earn, on average, only 81 cents for every dollar earned by their male counterparts (less for women of color). As leaders in our organizations and in the legal industry, it’s our responsibility to take action to create pay equity. In this blog, we’ll explore what pay equity is, why it matters, and what to do if you find your firm falling short.

What is pay equity?

Pay equity refers to the principle that all team members should receive equal pay for equal work, regardless of their gender, race, ethnicity, or other personal characteristics. I’ve spoken with firm leaders who hear this and think it means that every paralegal should make the exact same amount. Of course, there is room for nuance, and that’s where pay ranges come in. A pay range allows you some flexibility to account for differences in things like education level, years of experience, and stellar performance reviews. Pay equity does not mean every person in the same job receives the exact same pay. Pay equity does mean that those doing the same job or jobs requiring similar skills all fall into the range set for that position. When we create pay equity in our organizations, we are ensuring that all employees are treated fairly and with respect.

Why does pay equity matter?

Creating pay equity in your firm is not only the right thing to do, it’s also good for business. When we pay all employees fairly, we increase employee morale and engagement, boost productivity, and decrease turnover. Additionally, organizations that prioritize diversity, equity, and inclusion are more likely to both attract and retain top talent. By creating a workplace where everyone is valued and treated fairly, we also contribute to a more just and equitable society.

The employment landscape has been the wild, wild west since COVID-19 began. It’s still considered an employee market, and younger generations have shed the fear and secrecy surrounding discussions of pay. Your team members are likely much more comfortable openly discussing their pay and actively seek organizations with pay equity. Employment laws protect them in having these open discussions. That’s right: It’s both perfectly legal and healthy for your team members to discuss their pay. Your team members are talking, and you’d be wise to create a culture of pay transparency if you want to continue to attract and retain the best people.

As a leader of people, there have been times in my career where I’ve had access to payroll and seen firsthand how a well-meaning organization can end up with serious and disheartening pay disparities. It happens innocently enough. We ask candidates about their past salary history and base their current pay on that, leaving women and people of color in an impossibly deep hole and inheriting the inequities they’ve likely experienced throughout their careers. That’s why it’s critical to pay by the job and not by the candidate! We capitulate to people asking for a raise that puts them outside their pay range because we are scared to lose them. We cave to threats and end up on the losing end of negotiations, giving a squeaky wheel all the grease while dedicated and excellent team members continue to work hard and hope their efforts will be rewarded when the time is right. That’s not leadership, and it’s certainly not smart business. We get too busy to keep up with market trends. We see the insurance renewal numbers, we know how much the team-building activities cost, and we speak with other firms who don’t provide the work environment we do. We get jaded and think our people should be grateful and should know our grass is the greenest. We feel personally hurt when they ask for a raise or a salary review. This “pay by default and feeling” strategy is hurting our businesses and creating pay disparities. There is a better way.

How to conduct a pay audit

Instead of operating on one-sided negotiations, past pay, feelings, and possibly deep-seated unintentional bias, conduct a pay audit of your organization. This is a crucial step in creating pay equity. A pay audit involves analyzing your organization’s pay practices to identify any discrepancies and ensure all employees are being paid fairly for their work. Here are some steps to follow when conducting a pay audit:

  • Gather relevant data and do your leg work:

    First things first – do you have job descriptions in place for all your team members? This is a fundamental first step in identifying which jobs require similar skills and tasks. We can’t create pay ranges for positions if we don’t know the work those positions entail! Create a spreadsheet that lists every job title in the organization with the relevant fundamental tasks, required educational level, required certifications, and other critical details. Slot those positions in order from entry-level jobs to high-level management positions. Consider factors like experience, education, and training as you rank the positions. Inevitably, there will be some judgment calls as you map out these positions. This step is both art and science, and that’s okay.

  • Create pay ranges:

    You’ll want to review the current pay for those positions as well as review market data to determine if your current pay falls below, at, or above market for your area. You can work with an HR consultant to conduct a market analysis, pay for reports that list out market rates, and do some digging online (knowing that all sites are not created equal when it comes to reporting salaries.) Typically, entry-level jobs have a narrower pay range, and high-level management positions have wider pay ranges. You also have a decision to make. Maybe you want your firm to lead the market, paying a higher rate than other firms to attract top talent. Maybe your aim is to pay right at market rate, or perhaps you want to lag the market and pay below market rate, knowing that some other aspect of your firm (like culture, training, prestige, or other benefits) will still attract top talent. Whatever your decision, be consistent across the board and add your pay ranges to your spreadsheet, keeping your payroll budget in mind throughout this process.

  • Identify pay gaps:

    Once you’ve done your analysis, it’s time to look at your current team and analyze their pay. Identify any disparities in pay between male and female employees, as well as other demographic groups. You may be surprised by what you find here if you haven’t taken the time to look at this with a lens of pay equity in mind. I’ve been in this position and was appalled to discover that the only male in a fundamental position at an organization I led was paid significantly higher than his other five female counterparts, doing the exact same job for the same length of time, with equal education. How had this happened on my watch? It needed correction immediately.

  • Address any disparities:

    This is the most crucial step. If pay gaps are identified, take steps to address them, such as adjusting salaries or re-evaluating job descriptions. This is called right-sizing. It can feel painful, but it’s absolutely necessary. It can also result in team member buy-in and increased retention. Imagine how an employee would feel if you PROACTIVELY approached them to let them know your analysis indicated that a pay raise was in order! Firms may balk at the budget needed to close the pay gap, but keep in mind that budget is not an acceptable defense to a discriminatory pay gap claim. Discuss solutions you can afford and create a plan with a timeline to institute those solutions. As a general rule, you should only raise salaries to right-size a pay gap, not lower the higher ones.

  • Monitor progress:

    Conduct regular pay audits to ensure that any pay disparities are corrected and that your firm is aligned with the principle of pay equity. This is an ongoing process, as pay is a moving target.

    This approach helps your organization have pay equity, and it also helps you have cogent conversations at review time. If your pay ranges are transparent and a team member is asking for a raise that puts them out of range, you have an objective rebuttal. When a star team member asks for a raise that places them out of range, it’s time to flip that conversation. Consider instead if there is a path for growth for them. What’s the next stepping stone that comes with a higher range? What steps could they take to put them in the running for that position? The answer doesn’t have to be a no. It can be a cogent conversation about growth.

Creating pay equity in our organizations is both a moral and business imperative. By committing to this principle, we can create a workplace where everyone is valued and treated fairly and which attracts and retains top talent. Pay equity isn’t just about compliance; it’s about doing what’s right and ensuring every single member of your team is on an equal playing field. We work in the legal industry, where you and your firm fight daily to ensure justice – Let’s commit to creating a more equal and just legal industry by prioritizing pay equity in our organizations.

Learn More About The Author

Mary Ellen Murrah
https://vistact.com/who-we-are/mary-ellen-murrah/

Mary Ellen Murrah

Operations Consultant | Vista Strategist
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Cody Schneider

Cody Schneider serves as VP of Operations at Lexitas. He has been in the legal industry for a decade striving to give customers the experience they deserve. He is passionate about leadership, creating an engaging company culture, and staying tethered to core values (both personally and professionally). His commitment to excellence, consistency, and leadership development, all while having fun, has fueled the results of his teams. His proudest accomplishment is raising two boys with his beautiful wife of 9 years, Jordan.

Thomas J. Giordano, Jr.

With Thomas J. Giordano, Jr., city smarts and hustle meet suburban polish and finesse.

It’s how a fresh-faced workers’ compensation attorney who put 100,000 miles on a car with a 36,000-mile lease by driving to court appearances across Pennsylvania became a seasoned attorney fighting for the injured and disabled, and later, a founding partner of Pond Lehocky Giordano, the largest workers’ compensation and disability law firm in Pennsylvania.

Today, Tom oversees the firm’s day-to-day operations. His responsibilities include managing the firm’s attorneys to ensure they’re zealously advocating for clients and securing the best legal results possible for them; making sure staff members provide world-class client service and are empathetic when clients tell them their stories; reaffirming that the firm’s culture supports and encourages its attorneys and staff members to be the best they can be; and seeing to it that the firm’s marketing reaches and educates injured and disabled people in need of legal representation.

(With Tom’s efforts, Pond Lehocky Giordano has become renowned within the national legal community for its operations and marketing know-how.)

Grace Montealegre

Grace Montealegre is the Vice President of Marketing for Persist Communications as well as the Vice President of Marketing for Gacovino & Lake Law Firm. Grace has over 15 years of experience in legal marketing with over 20 years of experience in marketing as a whole. She started with import and export law and has primarily focused on personal injury and mass tort law for the last 5 years.

Edward Lake

Edward J. Lake is a founding partner of Gacovino and Lake since 1993 and the founding partner of The Lake Law Firm. Mr. Lake grew up working in the garment center in New York City. While learning the various aspects of running a clothing manufacturer, he gained the experience and skills that would ultimately pave the way for founding and running one of the largest Mass Tort practices in the country.

Mr. Lake earned his Bachelor of Science from the University of Maryland in College Park, and then he went on to hold several sales and marketing positions in the high-technology and manufacturing industries. After approximately ten years, Mr. Lake enrolled in the Jacob B. Fuchsburg School of Law at Touro College in Huntington Long Island, New York. While attending, he served on the staff of the Law Review and was presented the prestigious Jacob B. Fuchsburg Oral Advocate Award.

Today, under Mr. Lake’s leadership, The Lake Law Firm co-counsels with large and small firms across the nation and has played a significant role in building one of the nation’s largest mass tort portfolios. Mass torts the firm is currently working on include: 3M military earplugs, hernia mesh, CPAP, talcum powder, Zantac, firefighting foam (AFFF), infant formula, Paraquat and Roundup.

Rob Levine

Rob Levine has three passions in life: serving others, building businesses, and the practice of law. At 16 years old, Rob started as a volunteer Emergency Medical Technician for the Glen Rock Ambulance Corps. Rob went on to serve in the Rhode Island Army National Guard as a military police officer. He then became a police officer for the city of Central Falls after earning his bachelor’s degree from Salve Regina University. Rob also became a nationally registered paramedic, working for
various rescue squads over the years and continuing to work as a ski patroller today.

After earning his law degree from Roger Williams University School of Law, Rob opened his own law practice with then-partner, Anthony Gemma. Rob also served as in-house counsel for Gem Plumbing and Heating. Rob sat on the board of directors with five others. Over the next seven years, they grew the company from 50 employees and 5 million in revenue to 300 employees and 40 million in revenue.

During this time, the law practice continued to grow. After seven years of dividing his time working as in-house counsel for Gem Plumbing and Heating and running the law practice, Rob decided to solely focus on the growth of the law firm.

At that time, the law firm focused on personal injury, as well as a real estate title and closing company with approximately 30 employees. In the last 13 years, Rob has expanded the law firm to handle personal injury and medical malpractice in Rhode Island, Massachusetts, and Connecticut as well as social security and veteran’s disability as a nationwide practice. The law firm now has 130 employees and continues to grow.

Ten years ago, Rob formed the company now known as Records on Time, a medical record retrieval company originally designed to serve the clients of Rob Levine & Associates. Records on Time has built a proprietary software platform that integrates 100% with law firms’ case management systems, allowing the paralegal to never leave the case management system while Records on Time pulls the record request, delivers the records OCRed, as well as case expenses, retrieval fees, and notes directly into the case management system—saving the law firm time and money.

Ari P. Kornhaber

Ari P. Kornhaber is a Founder, EVP, and the Head of Corporate Development for Esquire Bank. Ari is a former trial lawyer who represented plaintiffs in personal injury and medical malpractice cases in NY and mass tort litigations nationally. Ari left the practice of law to follow his entrepreneurial spirit and focus on helping lawyers run their law firms like a business and grow. Having lived the life of a trial lawyer who has tried cases to verdict, coupled with being a financial service provider to the legal community for more than 20 years, Ari has a rare perspective, a deep understanding and a wealth of knowledge and experience servicing the unique financial issues of contingency fee lawyers. Ari can often be found on stage presenting at trial lawyer association conferences and seminars across the country and abroad, or online presenting on webinars, webcasts, and podcasts.

Ben Glass

Most people who meet attorney Ben Glass come to know him as a father of nine children, four of them adopted from China, a small business advocate, a non-profit and charity supporter, and a soccer referee – in addition to being one of the top-reviewed attorneys in the area (see him on Avvo and Google).

Born and raised in Annandale, Virginia, Ben has spent his career practicing law in the courtrooms throughout Virginia and beyond. A recognized expert among his peers, lawyers travel from around the country to be trained by Ben and his team in the Ben Glass Center for Growth and Innovation.

Ben is a nationally recognized business and life coach who has been featured on numerous podcasts because of his “Live Life Big,” and is the host of the Renegade Lawyer podcast.

Ciera Parks

Ciera Parks is a Human Resources Executive with 15 years of experience working in higher education, manufacturing, nonprofits, cannabis, e-commerce, and technology. Ciera advises and partners with businesses on their HR needs to develop strategies that improve workplace culture through customized alignment and training. She has a proven track record of success in developing people strategies that drive performance, improve efficiency, and increase profitability. On top of this, Ciera is well-versed in building effective organizational structures and diversity, equity, and inclusion (DEI) topics.

Ciera’s professional accomplishments in the human resources field include a Master’s Degree in Human Resources Development and a Certification from the Society for Human Resources Management. Ciera has also been elected as The Community Involvement Director and Professional Development Chair for two of Amazon’s employee resource groups (ERGs), been selected as the Director for Diversity & Inclusion by CHRA, and is the President of neXco’s National Cannabis Chapter. These honors are a result of her commitment to leadership and skill development for all workforce populations.

Merrill Hodge

Ever since Merril Hoge was eight-years-old, he dreamed of being a professional football player. Growing up in a small town in Idaho, the goal seemed unrealistic. But Merril didn’t just dream about this goal. From that young age, he used the words “Find A Way” to take action to overcome any obstacle and to attain any goal. In 1987, Merril made his childhood dream a reality when he was drafted by the Pittsburgh Steelers, where he played until 1993 and led the team in rushing and receiving in four of his first five years, setting a record in his third year for receptions by a running back. He is one of only two Steelers players to rush for more than 100 yards in back-to-back playoff games. He was the Steelers Iron Man of the Year two years in a row (1989 and 1990) and was named to the All-Madden team in 1989. Merril joined ESPN in 1995 as a football analyst and sideline reporter. He has since served as a host and analyst for a wide variety of ESPN programs.

In 2003, the habits and mindset that Merril formulated throughout his childhood and carried into adulthood, helped him Find A Way to overcome the ultimate challenge – cancer. Merril took on chemotherapy with the same tenacity that got him to the NFL and beat it. Through the difficult moments, Merril found inspiration, and on July 2, 2003, Merril was cancer-free. Merril loved playing in the NFL and loves working at ESPN but what he cherishes most is being a dad. He has used his Find a Way philosophy to become a better parent and to challenge his kids to take ownership for their lives.

Scott Miller

Capping a twenty-five-year career in which he served as chief marketing officer and executive vice president, Scott Miller currently serves as FranklinCovey’s special advisor on thought leadership, leading the strategy, development, and publication of the firm’s bestselling books and thought leadership. Miller hosts the FranklinCovey-sponsored On Leadership with Scott Miller, the world’s largest and fastest-growing weekly leadership podcast, reaching more than six million people. Miller also authors a leadership column for Inc.com, hosted the weekly iHeartRadio show Great Life, Great Career with Scott Miller, and hosts and moderates FranklinCovey’s Bookclub.com series with world-renowned authors.

Miller is the author of the multivolume Mess to Success series, including Management Mess to Leadership Success: 30 Challenges to Become the Leader You Would Follow, Marketing Mess to Brand Success: 30 Challenges to Transform Your Organization’s Brand (and Your Own). He is the coauthor of the Wall Street Journal bestseller Everyone Deserves a Great Manager: The 6 Critical Practices for Leading a Team and the author of the Amazon #1 Bestseller Master Mentors: 30 Transformative Insights from Our Greatest Business Minds, which features insights from his interviews with the leading thinkers of our time, including Seth Godin, Susan Cain, General Stanley McChrystal, and many others.

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Kendall Abbott

Kendall joined the Vista Team in 2022 as an Operations Consultant. With a keen eye for operations optimization, she specializes in areas such as intake, client touch points, and departmental organization/structure.

Kendall has worked in the personal injury realm for the last seven years, serving as the Firm Administrator and later the Director of Office Operations for a prestigious plaintiff firm in North Carolina. There her leadership mission was to implement solid systems and processes that created an optimal client experience, encouraged firm growth, and expanded the firm’s reach.  Prior to becoming the Firm Administrator, Kendall created, developed, and managed the firm’s intake department.  Her deep expertise in all aspects of a successful personal injury law firm will help her guide Vista clients toward new levels of growth.

Bill Biggs

Bill joined the Vista Team in 2022 as a Culture Architect | Leadership Strategist. Bill is also serving as the CEO of Jeffrey Glassman Injury Lawyers and is considered one of the nation’s most innovative thinkers in law firm leadership. His unique perspective on culture and ability to inspire and multiply leaders has created a movement reshaping firms across the country. He is the founder of the Law Firm Leadership Summit, host of the Transforming The Culture of Law Podcast, limited engagement consultant to select firms, and is relentlessly committed to spreading his message of Love Your People & Demand High Performance as a platform for organizational success. He is also the President of Biggs & Associates serving high value sports professionals and franchises as a brand and messaging strategist. His distinguished client list includes Heisman Trophy winners, NFL HOFers, NBA champions, Olympians, and many of the top teams in college and professional sports. Bill is a Phi Kappa Phi graduate of Texas A&M University and completed his executive training through the CORe program at Harvard Business School.

He lives in College Station, Texas, with his beautiful wife, two sons, and a herd of dogs.

Tim Mckey

Tim co-founded Vista Consulting in 2009, along with his partner Chad Dudley. Vista’s aim was to help plaintiff law firms reach their full potential. In December 2017, Tim acquired Chad’s interest in Vista. Tim and Chad remain very close friends to this day! Tim has decades of CPA experience with local, regional, and national CPA firms. However, it is through Tim’s prior consulting practice that he found his passion. He has worked with many business owners, assisting them with defining and attaining success in their business and personal lives. Developing a management philosophy with business owners along with the associated systems and processes that assist in delivering outstanding management to Vista’s client teams is Tim’s forté.

Dr. Heather Carroll

Dr. Heather Carroll holds a Doctor of Business Administration in Industrial and Organizational Psychology. She specializes in areas such as job satisfaction, motivation, burnout, and organizational commitment, particularly as these workplace factors apply to the legal industry.

During her nearly 20 years of legal experience, she has held many roles from Case Manager, to Litigation Paralegal, to HR Manager, to Firm Operations Administrator. The majority of Dr. Carroll’s legal experience has been in the area of personal injury. However, she began her legal career at a labor union by assisting in the negotiations of a new collective bargaining agreement between a major US airline and their pilot group. It was through that experience that her interest in team and operational matters, within a legal setting, took root. Many years, and a doctorate, later helping legal teams thrive through increased operational efficiency is her passion.

Dr. Carroll resides outside the Seattle/ Tacoma area of Washington currently. She is a military spouse and a mom of three.

Ryan LaRoque

Ryan joined the Vista team in 2014 as a Programmer. He has more than fifteen years of experience working in various finance and accounting roles with a strong background in IT and management information systems. Ryan codes in Visual Basic and is an expert with all Microsoft products. He works closely with Vista’s Operations Consultants to build out custom dashboards for our clients. These dashboards become integral in our clients’ success. Ryan is skilled at assessing and understanding our clients’ requirements and translating those into clear and concise reporting tools that allow our clients to improve firm operations.

Mary Ellen Murrah

Mary Ellen Murrah joined the Vista Team in 2019. Prior to joining Vista, Mary Ellen spent more than 16 years managing and marketing a national, legal case management software company. That position introduced her to thousands of personal injury law firms across the country. She was a familiar face at annual legal events and a frequent voice on topics ranging from legal marketing to data integrity. Over the years, she’s forged meaningful relationships with legal vendors, which has provided keen insight on almost every corner of the legal industry. She is skilled in identifying law firm business improvement opportunities and brings her extensive operations, team management, and industry knowledge to the Vista team. Mary Ellen has a true passion for tackling projects with common sense management. Her eye for detail, human resources experience, and deep operations skills are an asset to help law firms grow their businesses and help attorneys foster and maintain efficient, profitable practices.

Pam Travis

Pam joined the Vista Team in 2020 as an Operations Consultant. She began her career more than twenty years ago at a personal injury law firm where she served as Law Firm Administrator for close to a decade. In that role, she became intimately familiar with the nuances of personal injury firms and developed a keen eye for improvement and success. She then took her passion for data management and effective processes to a national, legal case management software company. There, she worked with hundreds of law firms across the country to help them implement a new system that allowed them to collect and analyze their data and institute seamless workflows. She then transitioned to the role of Training Director for a large personal injury firm where she served as project manager for a massive data conversion and software platform shift. Ultimately, she yearned to get back to her roots, traveling the country, meeting thousands of attorneys and team members, and helping them transform their business.

Stephanie Demont Mastroni

Stephanie joined the Vista Team in 2009 as an Operations Consultant. She brings her knowledge and experience in management and operational excellence to our team. Prior to joining Vista, Stephanie spent twelve years working for insurance claims departments and five years as a Chief Operations Officer of a multi-office, northeast, personal injury firm. She is admitted to practice law in Connecticut, New York, and Tennessee. Stephanie utilizes her experience to assist Vista clients in implementing tried and true solutions in law firm operations. She is an innovative thinker who can apply solutions to clients’ specific circumstances. Stephanie has a knack for assisting COO’s and Office Managers in challenging situations. She has polished coaching techniques and is skilled at helping her clients work through the decision-making process. She is extremely thorough, exhibits strong communication skills, and partners with key client personnel in delivering systems and accountability that drives results.

Terri Houchin

Terri joined the Vista Team in 2018 as an Operations Consultant. After joining a large, multistate law firm in 2004 as a front desk receptionist, Terri quickly realized that her passion for serving others was best utilized in the personal injury firm setting. She developed a love for the legal field. Terri’s passion and desire to understand all aspects of a personal injury case resulted in several promotions to Senior Legal Assistant. In 2015, Terri was selected to join a brand new personal injury firm as Senior Legal Assistant and Office Manager. In this new role, Terri was able to utilize her dedication to the profession and years of experience to help this firm quickly become one of the premier small firms in her hometown. Terri looks forward to helping personal injury firms meet their growth goals.

Amanda Hankins

Amanda Hankins joined Vista Consulting Team in 2017, bringing more than two decades of intimate experience working in personal injury law firms. Amanda’s career at a large, multistate law firm took her from Receptionist to Legal Assistant to Intake Supervisor to Medical Treatment Coordinator. This experience in working in every department of a personal injury firm serves her clients exceptionally well. She’s been there, she knows the struggles, and she knows how to drive progress. She also has experience working with one of the largest medical funding companies as a Business Development Manager. She has a true passion for customer service and loves working with law firms to teach them all avenues of keeping client satisfaction as a top priority.