By using The Balance Careers, you accept our. (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. Except for civil penalties collected for violations of section 212 of this title, sums collected as penalties pursuant to this section shall be applied toward reimbursement of the costs of determining the violations and assessing and collecting such penalties, in accordance with the provisions of section 9a of this title. Effort: The amount of physical or mental exertion needed to perform a job. Merit systems reward workers for exceptional job performance and are allowed. For the purpose of any hearing or investigation provided for in this chapter, the provisions of sections 49 and 50 of title 15 [sections 9 and 10] (relating to the attendance of witnesses and the production of books, papers, and documents), of the Federal Trade Commission Act of September 16, 1914, as amended (U.S.C., 1934 edition, title 15, secs. The Equal Pay Act (EPA) became law in 1963 as an amendment to the Fair Labor Standards Act (FLSA). The Equal Pay Act (EPA) became law in 1963 as an amendment to the Fair Labor Standards Act (FLSA). It is highly probable that the employers may find it advantageous to employ men in positions now filled by women. ], the Walsh-Healey Act [41 U.S.C. Initially, a 2007 study commissioned by the Department of Labor[29] cautioned against overzealous application of the EPA without closer examination of possible reasons for pay discrepancies. She is a former writer for The Balance Careers. The clear statement of Congressional intent and policy guiding the EPA’s enactment indicate the Congressional desire to fashion a broad remedial framework to protect employees from wage discrimination on the basis of sex. #views-exposed-form-manual-cloud-search-manual-cloud-search-results .form-actions{display:block;flex:1;} #tfa-entry-form .form-actions {justify-content:flex-start;} #node-agency-pages-layout-builder-form .form-actions {display:block;} #tfa-entry-form input {height:55px;} ol{list-style-type: decimal;} ____________________________________________________________________, ADDITIONAL PROVISIONS OF EQUAL PAY ACT OF 1963. The burden is on the employer to prove this affirmative defense.
"Substantially equal" does not mean that two jobs are identical. [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 Walsh-Healey Act [41 U.S.C. 201 et seq.
#block-opa-theme-content > div > div.guidance-search > div.csv-feed.views-data-export-feed {display:none;} .agency-blurb-container .agency_blurb.background--light { padding: 0; } The EPA, which is part of the Fair Labor Standards Act of 1938, as amended (FLSA), and which is administered and enforced by the EEOC prohibits sex-based wage discrimination between men and women in the same establishment who are performing under similar working conditions. (1) to transport, offer for transportation, ship, deliver, or sell in commerce, or to ship, deliver, or sell with knowledge that shipment or delivery or sale thereof in commerce is intended, any goods in the production of which any employee was employed in violation of section 206 [section 6] or section 207 [section 7] of this title, or in violation of any regulation or order of the Secretary issued under section 214 [section 14] of this title, except that no provision of this chapter shall impose any liability upon any common carrier for the transportation in commerce in the regular course of its business of any goods not produced by such common carrier, and no provision of this chapter shall excuse any common carrier from its obligation to accept any goods for transportation; and except that any such transportation, offer, shipment, delivery, or sale of such goods by a purchaser who acquired them in good faith in reliance on written assurance from the producer that the goods were produced in compliance with the requirements of this chapter, and who acquired such goods for value without notice of any such violation, shall not be deemed unlawful; (2) to violate any of the provisions of section 206 [section 6] or section 207 [section 7] of this title, on any of the provisions of any regulation or order of the Secretary issued under section 214 [section 14] of this title; (3) to discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter, or has testified or is about to testify in any such proceeding, or has served or is about to serve on an industry committee; (4) to violate any of the provisions of section 212 [section 12] of this title; (5) to violate any of the provisions of section 211(c) [section 11(c)] of this title, or any regulation or order made or continued in effect under the provisions of section 211(d) [section 11(d)] of this title, or to make any statement, report, or record filed or kept pursuant to the provisions of such section or of any regulation or order thereunder, knowing such statement, report, or record to be false in a material respect.
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