Equal Pay Act

How to Win a Lawsuit under the Equal Pay Act

Work of the plaintiff was equal to the work of an employee of the opposite sex, yet you were paid less Work was performed in the same establishment Plaintiff's pay rate was less than that paid to the employee of the opposite sex.

Defenses to claims of unequal pay

it must be "rationale and it must be regularly applied." e.g. seniority, training programs, salary matching

Definition of effort

physics or mental exertion needed for performance

Definition of wages

all aspects of your compensation e.g. taxes, vacation, leave

Bence v. Detroit Health Corp

5% commission for woman 7.5% commission for man She made more because she got more women to sign up but her pay rate was still unequal.

Equal Pay Act of 1963

An amendment to the Fair Labor Standards Act, this act requires equal pay for men and women doing equal work. It was the first modern employment discrimination statute.

How Employer can defend in lawsuit

They must prove difference in pay was based on: 1. Seniority 2. Merit System 3. system measures quantity or quality of production 4. Factor other than sex

Premium pay

Overpay and dangerous duties Must be provided to men and women at the same rate.

Obligation of The Act

Provide equal pay for men and women Maybe privately enforced without going to EEOC Law was formerly administered by the Secretary of Labor

Definition of Skill

The ability that relates to there regular performance of job duties

Remedies under the Equal Pay Act

The basic remedy is back pay

What is an establishment?

a distinct and independent physical location. Term is narrower than "employe" but broader than "department."

Red Circle Rate

employee can still be paid normal rate even when their job requires them to be doing a lower level job for the time being.

Coverage of the Act

engaged in the production of goods for commerce e.g truck driver persons who assist in the movement of commerce e.g. truck mechanic persons who create instrumentalities of commerce e.g. airport employee production of goods in commerce e.g. processes involved in commerce production enterprise engaged in commerce e.g. where commerce is produced

If unequal pay is found

raise the wage rate of the lower paid employee pay the difference plus liquidated damages trail judge's discretion

Definition of Responsibility

the degree of accountability required

Definition of Equal Work

the jobs, performance of which requires equal skill, effort, responsibility of which are performed under similar working conditions.

Definition of Working Conditions

the physical surroundings and hazards of the job