The time limit for filing an EPA charge with the EEOC and the time limit for going to court are the same: within two years of the alleged unlawful compensation practice or, in the case of a willful violation, within three years. The Equal Pay Act of 1963 protects men and women from sex-based wage discrimination in the payment of wages or benefits, who perform substantially equal work in the same establishment. Official websites use .gov (a) Any person who willfully violates any of the provisions of section 215 [section 15] of this title shall upon conviction thereof be subject to a fine of not more than $10,000, or to imprisonment for not more than six months, or both. (2) No labor organization, or its agents, representing employees of an employer having employees subject to any provisions of this section shall cause or attempt to cause such an employer to discriminate against an employee in violation of paragraph (1) of this subsection. A lock ( State-Federal State Legislatures News Updated June 30, 2023 Health Costs, Coverage and Delivery State Legislation Explore NCSL's interactive PowerBI database. Factors to be considered in determining the level of responsibility in a job include: Ordinarily, "establishment" means a physically separate place of business. Equal Pay Act of 1963 (EPA), landmark U.S. legislation mandating equal pay for equal work, in a measure to end gender-based disparity. (a) In any action or proceeding based on any act or omission on or after May 14, 1947 [the date of the enactment of this Act], no employer shall be subject to any liability or punishment for or on account of the failure of the employer to pay minimum wages or overtime compensation under the Fair Labor Standards Act of 1938, as amended, [29 U.S.C. (5) constitutes an unfair method of competition. The amendments made by this Act shall take effect upon the expiration of one year from the date of its enactment: Provided, That in the case of employees covered by a bona fide collective bargaining agreement in effect at least thirty days prior to the date of enactment of this Act entered into by a labor organization (as defined in section 6(d)(4) of the Fair Labor Standards Act of 1938, as amended) [subsection (d)(4) of this section], the amendments made by this Act shall take effect upon the termination of such collective bargaining agreement or upon the expiration of two years from the date of enactment of this Act, whichever shall first occur. (a) The Administrator or his designated representatives may investigate and gather data regarding the wages, hours, and other conditions and practices of employment in any industry subject to this chapter, and may enter and inspect such places and such records (and make such transcriptions thereof), question such employees, and investigate such facts, conditions, practices, or matters as he may deem necessary or appropriate to determine whether any person has violated any provision of this chapter, or which may aid in the enforcement of the provisions of this chapter. Title VII, the ADEA, and the ADA prohibit compensation discrimination on the basis of race, color, religion, sex, national origin, age, or disability. (A) deducted from any sums owing by the United States to the person charged; (B) recovered in a civil action brought by the Secretary in any court of competent jurisdiction, in which litigation the Secretary shall be represented by the Solicitor of Labor; or. In 1870, Congress passed an amendment to an appropriations bill that would give equal pay to female clerks hired by the federal government. The EPA does not require that the jobs be identical. (a) When the terms "employer", "employee", and "wage" are used in this chapter in relation to the Fair Labor Standards Act of 1938, as amended [29 U.S.C. 201 et seq. These practices may include employer decisions about base pay or wages, job classifications, career ladder or other Background EEOC enforces the Equal Pay Act (EPA). These are known as "affirmative defenses" and it is the employer's burden to prove that they apply. The amount of any penalty under this subsection, when finally determined, may be-. Frequently Asked Questions, Equal Pay Act of 1963 and Lilly Ledbetter Fair Pay Act of 2009. An official website of the United States government. In correcting a pay differential, no employee's pay may be reduced. To prohibit discrimination on account of sex in the payment of wages by employers engaged in commerce or in the production of goods for commerce. ], the Walsh-Healey Act [41 U.S.C. (a) After the expiration of one hundred and twenty days from June 25, 1938 [the date of enactment of this Act], it shall be unlawful for any person-. In signing it into law on June 10, 1963, Kennedy praised it as a "significant step. (a) In any action or proceeding based on any act or omission on or after May 14, 1947 [the date of the enactment of this Act], no employer shall be subject to any liability or punishment for or on account of the failure of the employer to pay minimum wages or overtime compensation under the Fair Labor Standards Act of 1938, as amended, [29 U.S.C. Instead, you are allowed to go directly to court and file a lawsuit. Equal Pay for Equal Work The Equal Pay Act of 1963, amending the Fair Labor Standards Act, protects against wage discrimination based on sex. This Act may be cited as the 'Portal-to-Portal Act of 1947. The U.S. --------------------------------------------------------------------------------. 276a et seq. ], or the Bacon-Davis Act [40 U.S.C. ], or the Bacon-Davis Act [40 U.S.C. .usa-footer .grid-container {padding-left: 30px!important;} This document provides general information about compensation discrimination under the EEO laws, including Title VII, EPA, ADEA, ADA, and GINA. The amendment is incorporated in the revised text of the Fair Labor Standards Act.]. Such a defense, if established, shall be a bar to the action or proceeding, notwithstanding that after such act or omission, such administrative regulation, order, ruling, approval, interpretation, practice, or enforcement policy is modified or rescinded or is determined by judicial authority to be invalid or of no legal effect. .manual-search ul.usa-list li {max-width:100%;} Secure .gov websites use HTTPS The 1974 amendments created an exemption for such employees from the overtime provisions only in section 13(b)27. Specifically, the EPA provides that employers may not pay unequal wages to men and women who perform jobs that require substantially equal skill, effort and responsibility, and that are performed under similar working conditions info@eeoc.gov ], (3) any employee employed by an establishment which is an amusement or recreational establishment, organized camp, or religious or non-profit educational conference center, if (A) it does not operate for more than seven months in any calendar year, or (B) during the preceding calendar year, its average receipts for any six months of such year were not more than 33 1/3 per centum of its average receipts for the other six months of such year, except that the exemption from sections 206 and 207 [sections 6 and 7] of this title provided by this paragraph does not apply with respect to any employee of a private entity engaged in providing services or facilities (other than, in the case of the exemption from section 206 [section 6], a private entity engaged in providing services and facilities directly related to skiing) in a national park or a national forest, or on land in the National Wildlife Refuge System, under a contract with the Secretary of the Interior or the Secretary of Agriculture; or, [Note: Section 13(a)(4) (relating to employees employed by an establishment which qualified as an exempt retail establishment) was repealed by Pub. The EEOC looks at whether both jobs require the same skill, effort and responsibility. (b) if such written consent was not so filed or if his name did not so appearon the subsequent date on which such written consent is filed in the court in which the action was commenced. A .gov website belongs to an official government organization in the United States. The Equal Pay Act of 1963. The jobs need not be identical, but they must be substantially equal. business. (a) When the terms "employer," "employee," and "wage" are used in this chapter in relation to the Fair Labor Standards Act of 1938, as amended, [29 U.S.C. All forms of pay are covered by this law, including salary, overtime pay, bonuses, stock options, profit sharing and bonus plans, life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel accommodations, reimbursement for travel expenses, and benefits. 49 . However, performance of the two jobs requires the same education, ability, In comparing two jobs for purposes of the EPA, consideration should be given to the .table thead th {background-color:#f1f1f1;color:#222;} The right provided by subsection (b) of this section to bring an action by or on behalf of any employee to recover the liability specified in the first sentence of such subsection and of any employee to become a party plaintiff to any such action shall terminate upon the filing of a complaint by the Secretary in an action under this subsection in which a recovery is sought of unpaid minimum wages or unpaid overtime compensation under sections 206 and 207 [sections 6 and 7] of this title or liquidated or other damages provided by this subsection owing to such employee by an employer liable under the provisions of subsection (b) of this section, unless such action is dismissed without prejudice on motion of the Secretary. The Ledbetter Act recognizes the "reality of wage discrimination" .paragraph--type--html-table .ts-cell-content {max-width: 100%;} This encompasses two factors: (1) physical surroundings like temperature, fumes, and ventilation; and (2) hazards. No. 35 et seq. LockA locked padlock People challenging a wide variety of practices that resulted in discriminatory compensation can benefit from the Act's passage. of a higher paid person outside the claimant's protected class, nor do these statutes require the claimant to work in the same establishment as a comparator. See EEOC guidance on equal pay and compensation discrimination. (a) if the cause of action accrues on or after May 14, 1947 [the date of the enactment of this Act]-may be commenced within two years after the cause of action accrued, and every such action shall be forever barred unless commenced within two years after the cause of action accrued,except that a cause of action arising out of a willful violation may be commenced within three years after the cause of action accrued; In determining when an action is commenced for the purposes of section 255 [section 6] of this title, an action commenced on or after May 14, 1947 [the date of the enactment of this Act] under the Fair Labor Standards Act of 1938, as amended, [29 U.S.C. Any person who willfully violates any of the provisions of section 215 [section 15] of this title shall upon conviction thereof be subject to a fine of not more than $10,000, or to imprisonment for not more than six months, or both. L. 88-38) (EPA), as amended, as it appears in volume 29 of the United States Code, at section 206(d). (b) For the purposes of subsection (a)(1) of this section proof that any employee was employed in any place of employment where goods shipped or sold in commerce were produced, within ninety days prior to the removal of the goods from such place of employment, shall be prima facie evidence that such employee was engaged in the production of such goods. The 1974 amendments created an exemption from the overtime provisions only in section 13(b)(23), which was repealed effective May 1, 1976. ], (15) any employee employed on a casual basis in domestic service employment to provide babysitting services or any employee employed in domestic service employment to provide companionship services for individuals who (because of age or infirmity) are unable to care for themselves (as such terms are defined and delimited by regulations of the Secretary); or, (16) a criminal investigator who is paid availability pay under section 5545a of Title 5 [Law Enforcement Availability Pay Act of 1994]; or, (17) any employee who is a computer systems analyst, computer programmer, software engineer, or other similarly skilled worker, whose primary duty is. Eighteen years later, on June 10, 1963, President John F. Kennedy signed the Equal Pay Act into law. (5) constitutes an unfair method of competition. In determining the amount of any penalty under this subsection, the appropriateness of such penalty to the size of the business of the person charged and the gravity of the violation shall be considered. LockA locked padlock EQUAL PAY IN THE UNITED STATES SALARY HISTORY BANS Amy Dalrymple | U.S. Department of Labor Having promoted equal pay since its founding in 1920, the Women's Bureau contributed to the major legislative breakthrough in the 1960s with the passage of the Equal Pay Act of 1963. The following requirements apply: bonus plans, life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel accommodations, reimbursement for travel expenses, and benefits. clerk alleges that he is paid less than a female who performs substantially equal work. Unlike the EPA, there is no requirement that the claimant's job be substantially equal to that Any sums thus recovered by the Secretary of Labor on behalf of an employee pursuant to this subsection shall be held in a special deposit account and shall be paid on order of the Secretary of Labor, directly to the employee or employees affected. separate work sites can be considered part of one establishment. 201 et seq. More women are also working in positions and fields that have been traditionally occupied by men. No employee shall be a party plaintiff to any such action unless he gives his consent in writing to become such a party and such consent is filed in the court in which such action is brought. (d) In any action or proceeding commenced prior to, on, or after August 8, 1956 [the date of enactment of this subsection], no employer shall be subject to any liability or punishment under this chapter or the Portal-to-Portal Act of 1947 [29 U.S.C. Except as provided in section 212 [section 12] of this title, the Administrator shall bring all actions under section 217 [section 17] of this title to restrain violations of this chapter. But, under these laws, there is no requirement that the jobs be . Extent to which employee works without supervision, Extent to which employee exercises supervisory functions, and. (2) No labor organization, or its agents, representing employees of an employer having employees subject to any provisions of this section shall cause or attempt to cause such an employer to discriminate against an employee in violation of paragraph (1) of this subsection. (d) The Administrator is authorized to make such regulations and orders regulating, restricting, or prohibiting industrial homework as are necessary or appropriate to prevent the circumvention or evasion of and to safeguard the minimum wage rate prescribed in this chapter, and all existing regulations or orders of the Administrator relating to industrial homework are continued in full force and effect. Cross references to the EPA as enacted appear in italics following the section heading. Any person who repeatedly or willfully violates section 206 or 207 of this title shall be subject to a civil penalty of not to exceed $1,000 for each such violation. The right of employees to be free from discrimination in their compensation is protected under several federal laws, including the following enforced by the U.S. women!and!beginning!to!addresscritical!barriersto!full!economic!equality! ", (a) The Congress hereby finds that the existence in industries engaged in commerce or in the production of goods for commerce of wage differentials based on sex-. L. 101-157, Section 3(c)(1), November 17, 1989. The Equal Pay Act does not require proof of intent to discriminate. ], or the Bacon-Davis Act [40 U.S.C. Below we provide an overview of these laws and some best practices for ensuring pay equity. Responsibility is usually defined as the degree of accountability required in performing a job. ol{list-style-type: decimal;} ], Any action commenced on or after May 14, 1947 [the date of the enactment of this Act], to enforce any cause of action for unpaid minimum wages, unpaid overtime compensation, or liquidated damages, under the Fair Labor Standards Act of 1938, as amended, [29 U.S.C. (4) As used in this subsection, the term "labor organization" means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. Share sensitive A college degree does not justify a higher salary because it is not needed to perform the job. Wages includes bonuses, company cars, expense accounts, insurance etc. 1-844-234-5122 (ASL Video Phone) Any administrative determination by the Secretary of the amount of any penalty under this subsection shall be final, unless within fifteen days after receipt of notice thereof by certified mail the person charged with the violation takes exception to the determination that the violations for which the penalty is imposed occurred, in which event final determination of the penalty shall be made in an administrative proceeding after opportunity for hearing in accordance with section 554 of Title 5, and regulations to be promulgated by the Secretary. Cross references to the EPA as enacted appear in italics following the section heading. ]- the Administrator of the Wage and Hour Division of the Department of Labor; SEC. The filing of an EEOC charge under the EPA does not extend the time frame for going to court. (a) No provision of this chapter or of any order thereunder shall excuse noncompliance with any Federal or State law or municipal ordinance establishing a minimum wage higher than the minimum wage established under this chapter or a maximum workweek lower than the maximum workweek established under this chapter, and no provision of this chapter relating to the employment of child labor shall justify noncompliance with any Federal or State law or municipal ordinance establishing a higher standard than the standard established under this chapter. (b) Damages; right of action; attorney's fees and costs; termination of right of action. (1) depresses wages and living standards for employees necessary for their health and efficiency; (2) prevents the maximum utilization of the available labor resources; (3) tends to cause labor disputes, thereby burdening, affecting, and obstructing commerce; (4) burdens commerce and the free flow of goods in commerce; and. However, given that many employees have virtual offices, the EEOC assesses whether the "establishment" is separate on a case-by-case basis. ], the Walsh-Healey Act [41 U.S.C. Inc., 550 U.S. 618 (2007), which severely restricted the time period for filing complaints of employment discrimination concerning compensation.
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