Equal Pay
The Equal Pay Act ("EPA") is a federal law which requires an employer engaged in commerce to provide equal pay for men and women who perform equal work, unless the difference is based on a factor other than sex. The EPA is a part of the Fair Labor Standards Act, another federal law governing wages and hours of work. To make a claim under the EPA, an employee must show that the work he or she performed was substantially equal to the work of an employee of the opposite sex, that the work was performed at the same business, and that the employee's pay rate was less than the pay rate of employees of the opposite sex who performed the same work. Claims must be filed within two years if the violation was unintentional, and within three years for a willful violation. An employee is entitled to back pay and benefits for a non-willful injury, but if the employer willfully violates the law, the employee may receive additional damages known as "liquidated damages."
An employer may defend against an EPA claim by proving that the pay difference was based on seniority, a merit system, or any legitimate factor other than sex.
An employee is not required to file a charge of discrimination with the Equal Employment Opportunity Commission alleging sex discrimination as a condition of filing a lawsuit under the EPA.
If you believe you are being underpaid because of your sex, contact the lawyers at Maurer Rifkin & Hill. We understand the law and are willing to help you enforce your federally guaranteed rights.