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Equal Pay Act Lawyers
What is the Equal Pay Act?
The Equal Pay Act (EPA) requires equal pay for equal work done in the same establishment. The definition of equal work is a job that requires equal skill, effort and responsibility, completed by different employees under similar working conditions.
An employer must provide the same wage to all employees in the same establishment who perform Equal Work - work that is substantially similar in skill, effort and responsibility, regardless of job title or description.
Factors to Evaluate Equal Work:
- Skill - comparison of experience, training, educational achievement and ability as measured by the particular job requirements.
- Effort - level of physical and mental exertion required to perform job
- Responsibility - degree of accountability and obligations
- Working conditions - comparison of surroundings and physical hazards in performing the job
Violation of the Equal Pay Act
An employer who fails to provide equal pay for equal work is in violation of the Equal Pay Act and may be subject to claims by employees for discriminatory practices.
Does the Equal Pay Act Only Protect Women?
While the Equal Pay Act was originally established to correct the unfair pay differential generally faced by women, the courts have since ruled that the Act applies to both genders and that "reverse" discrimination against men is also a violation.
What Is Included in Equal Pay?
In addition to wages, the Equal Pay Act also requires employee pensions, insurance coverage, profit sharing, vacation time, bonuses and the use of company equipment to be equal for equal work.
Can an Employee Ever be Paid More for Equal Work?
The Equal Pay Act does allow for wage differentials if based on factors other than gender, including bona fide seniority or merit systems, bona fide occupational qualifications, or earnings systems based on production quantity or quality. These factors can serve as defenses against claims of gender discrimination.
Do I Need a Lawyer for an Equal Pay Act Claim?
Filing a sex discrimination claim against an employer or defending against an employee's claim is difficult to pursue without a lawyer. An experienced employment lawyer can help you understand your rights under the Equal Pay Act. An employment lawyer can also represent you in court and file any necessary paperwork.
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