equal pay act

], (12) any employee employed as a seaman on a vessel other than an American vessel; or, [Note: Section 13(a)(13) (relating to small logging crews) was repealed by section 23 of the Fair Labor Standards Amendments of 1974. 35 et seq. 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 work week 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. ], (10) any switchboard operator employed by an independently owned public telephone company which has not more than seven hundred and fifty stations; or, [Note: Section 13(a)(11) (relating to telegraph agency employees) was repealed by section 10 of the Fair Labor Standards Amendments of 1974. p.usa-alert__text {margin-bottom:0!important;} Why Are Employment Discrimination Lawsuits Rising So Rapidly? [In the following excerpts from the Portal-to-Portal Act of 1947, the authority given to the Secretary of Labor is exercised by the Equal Employment Opportunity Commission for purposes of enforcing the Equal Pay Act of 1963. This study noted, for example, that men as a group earn higher wages in part because men dominate blue collar jobs, which are more likely to require cash payments for overtime work; in contrast, women comprise over half of the salaried white collar management workforce that is often exempted from overtime laws. 1687 109th Cong. It would be fair under EPA to pay the second person more. (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. See 29 U.S.C. That means they had outcomes that were favorable to the charging parties. .cd-main-content p, blockquote {margin-bottom:1em;} ], the Walsh-Healey Act [41 U.S.C. She is a former writer for The Balance Careers. if the employer shows to the satisfaction of the court that the act or omission giving rise to such action was in good faith and that he had reasonable grounds for believing that his act or omission was not a violation of the Fair Labor Standards Act of 1938, as amended, [29 U.S.C. Dawn Rosenberg McKay is a certified Career Development Facilitator. (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-. 109 Cong. In 1972, Congress enacted the Education Amendments of 1972, which amended the FLSA to expand the coverage of the EPA to these employees, by excluding the EPA from the professional workers exemption of the FLSA. #block-opa-theme-content > div > div.guidance-search > div.csv-feed.views-data-export-feed {display:none;} (1) No employer having employees subject to any provisions of this section shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to (i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) a differential based on any other factor other than sex: Provided, That an employer who is paying a wage rate differential in violation of this subsection shall not, in order to comply with the provisions of this subsection, reduce the wage rate of any employee. 276a et seq.]-. [22] With the possible side effects of the Act noted on the Congressional record, the Act passed with little opposition, and no indication that any of the four affirmative defenses were intended to remedy or limit its negative consequences. The third factor in determining whether two jobs the same are the degrees of responsibility and accountability. The issue is what skills are required for the job, not what skills the individual employees may have. ], the Walsh-Healey Act [41 U.S.C. As such, the EPA imposes strict liability on employers who engage in wage discrimination on the basis of gender. ], [Note: Section 13(a)(14) (relating to employees employed in growing and harvesting of shade grown tobacco) was repealed by section 9 of the Fair Labor Standards Amendments of 1974. For additional information on the federal sector EEO process in general: For additional information on equal pay claims generally, see: 1Since passing the EPA, Congress has expanded federal protection against compensation discrimination through additional laws, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA) of 1967, and Section 501 of the Rehabilitation Act of 1973. [In the following excerpts from the Fair Labor Standards Act of 1938, as amended, authority given to the Secretary of Labor is exercised by the Equal Employment Opportunity Commission for purposes of enforcing the Equal Pay Act of 1963.]. The 1974 amendments created an exemption for certain tobacco producing employees from the overtime provisions only in section 13(b)(22). Therefore, if an employer chooses to hire only men, or only women for a particular job, there is no potential for a pay disparity between genders for the performance of equal jobs. --------------------------------------------------------------------------------. The .gov means it’s official. Whether filing a charge with the EEOC or taking the company to court, you must do so within two years of the time the compensation discrimination took place. 251 et seq.] This law provides more clarity as to what is considered unlawful wage discrimination and adds protections to ensure greater fairness and equity in the workplace. L. 88-38) (EPA), as amended, as it appears in volume 29 of the United States Code, at section 206 (d). (i) permanent loss or substantial impairment of one of the senses (sight, hearing, taste, smell, tactile sensation); (ii) permanent loss or substantial impairment of the function of a bodily member, organ, or mental faculty, including the loss of all or part of an arm, leg, foot, hand or other body part; or. In other words, it is highly probable that the passage of [the EPA] would result in less employment for women." [In the following excerpts from the Portal-to-Portal Act of 1947, the authority given to the Secretary of Labor is exercised by the Equal Employment Opportunity Commission for purposes of enforcing the Equal Pay Act of 1963.]. ], (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.

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