The Equal Pay Act (29 USC 206(d)) is a federal law that prohibits an
employer from paying
men and women different wages or salaries for substantially similar work
performed under the same working conditions. Men and women must be paid
equally for performing in positions that are substantially equal in skill,
effort, and responsibility. This section of the law is in the same section
as is minimum wage and overtime provisions.
The section dealing with minimum wages and overtime wages, which includes
the Equal Pay Act, has a number of exemptions which apply to claimants.
However, 29 USC 213 specifically states that equal pay claims are not
subject to the same exemptions--such as executive, administrative,
professional or outside sales positions.
Whether positions are equal in skill, effort, and responsibility depends
on the actual duties of the persons involved. Job titles or descriptions
alone do not determine whether the positions are similar. The day-to-day
duties are critical. If the jobs require the same levels of education,
experience, and responsibility, the same physical or mental exertion, and
the same types of work environments, the positions are substantially
similar.
The only exceptions to this rule is if the variation in pay is the result of
(1) a seniority system, (2) a merit system, (3) a system which measures
earnings by quantity or quality of production, or a differental based on any
factor other than sex. 29 USC 206(d)
If there are differences in the skill, effort or responsibility required,
an employer is permitted to pay different salaries or wages for the two
positions. For example, if a male employee and a female are both punch
machine operators, but the female employee works the graveyard shift while
the male employee works the day shift, the jobs are not substantilly similar
because they are not performed under the same working conditions. It is not
unlawful for an employer to pay a higher wage or "premium" to persons who
work the less desirable shifts.
The differences in the requirements for the positions must be related
to performance of the position and meaningful to the position. An employer
could legitimately pay a higher salary to an employee who was certified
or licensed in his or her field, while paying less to someone who is a
novice or helper. An employer could not, however, justify differences in
pay for skills or degrees that are unrelated to the position. For example,
if a male security guard at a mall had a college degree in biology while
the female security guard had only a high school diploma, an employer
could not pay the two differently for performing the same position even
though the male employee was better educated, since his education did not
relate to the position he was performing.
A suit claiming a violation of the Equal Pay Act can be brought in Federal
or State Court. 29 USC 216 However, the claim is only valid for the two
year period
immediately preceding the filing of the suit. Thus, it is a moving window
that begins two years ago and comes to the present. If you wait a week to
file your suit, you lose the claim for that week two years ago. There is
one exception to the 2 year provision and that is if the cause of action
arose out of a willful violation of the Act, the time period is extended
to 3 years after the cause of action accrued. 29 USC 255
The amount of a claim under the Equal Pay Act is for the amount of unpaid
compensation due to the unequal pay, plus an additional equal amount as
liquidated or penalty pay by the employer. In addition, the complainant
can request an amount be charged the employer for reasonable attorney's fees
and for costs of the litigation. If recovery is made, the attorney's fees
are mandatory. Although the liquidated damages are also mandatory unless
the employer proves that the violation was in good faith and predicated
on reasonable grounds. Even if the employer meets its burden of proof, the
court, in its discretion, may still decide to award full or partial liquidated
damages. 29 USC 216
If you believe you were
paid less than an employee of the opposite sex even though you performed a
position that was equal in skill, effort, and responsibility, give me a
call so that we can discuss the facts of you case.
======================== WARNING =======================
AND DISCLAIMER
This information is provided for the reader's benefit in
becoming familiar with the legal matters discussed. Your
particular facts may be different from the points above.
You should not rely on the above data without consulting a
attorney to discuss the specific facts of your case
and the law of your state.
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If you live in Louisiana and want to talk about your situation, please call me at:
Marvin E. Owen
Attorney-CPA
3036 Brakley Drive
Baton Rouge, La 70816
ph 225-292-0099
toll-free 1-888-292-0116
e-mail marvin@meocpa.com
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