Equal Pay Act Violations

The Equal Pay Act is meant to ensure that employers pay men and women the same for equal work. However, today women still are only paid approximately $0.70 for every $1.00 that a man makes. If you believe that your employer is paying women less than men for the same type of work, contact the lawyers at Console Mattiacci Law, LLC for a comprehensive consultation.

The following is a synopsis of the Equal Pay Act from the website of the Equal Employment Opportunity Commission (EEOC):

The Equal Pay Act of 1963

The Equal Pay Act of 1963 (Pub. L. 88-38) (EPA), as amended, as it appears in volume 29 of the United States Code, at section 206(d). 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 perform jobs that require substantially equal skill, effort and responsibility under similar working conditions.

Minimum Wage

SEC. 206. [Section 6]

(d) Prohibition of sex discrimination

• No employer having employees subject to any provisions of this section shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to (i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) a differential based on any other factor other than sex: Provided, That an employer who is paying a wage rate differential in violation of this subsection shall not, in order to comply with the provisions of this subsection, reduce the wage rate of any employee.
• No labor organization, or its agents, representing employees of an employer having employees subject to any provisions of this section shall cause or attempt to cause such an employer to discriminate against an employee in violation of paragraph (1) of this subsection.
• For purposes of administration and enforcement, any amounts owing to any employee which have been withheld in violation of this subsection shall be deemed to be unpaid minimum wages or unpaid overtime compensation under this chapter.
• 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.

Additional Provisions of the Equal Pay Act

An Act to prohibit discrimination on account of sex in the payment of wages by employers engaged in commerce or in the production of goods for commerce.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the “Equal Pay Act of 1963.”

Declaration of Purpose

Not Reprinted in U.S. Code [Section 2]

• The Congress hereby finds that the existence in industries engaged in commerce or in the production of goods for commerce of wage differentials based on sex
  • depresses wages and living standards for employees necessary for their health and efficiency;
  • prevents the maximum utilization of the available labor resources;
  • tends to cause labor disputes, thereby burdening, affecting, and obstructing commerce;
  • burdens commerce and the free flow of goods in commerce; and
  • constitutes an unfair method of competition.
• It is hereby declared to be the policy of this Act, through exercise by Congress of its power to regulate commerce among the several States and with foreign nations, to correct the conditions above referred to in such industries.

[Section 3 of the Equal Pay Act of 1963 amends section 6 of the Fair Labor Standards Act by adding a new subsection (d). The amendment is incorporated in the revised text of the Fair Labor Standards Act.]

Equal Pay Act violation cases are often difficult and complex. Each case requires a careful, focused, and thorough evaluation by a competent attorney who practices employment law. Our firm maintains an excellent reputation in the field of employment law both with employers and the legal community.

Depending on the particular facts of your situation and your specific goals, we will work with you to negotiate with your employer, file with the appropriate federal, state or local agency, and represent you in federal or state court.

Contact an Equal Pay Act Lawyer

Please be aware that there are strict deadlines associated with bringing an Equal Pay Act claim. In some cases, you may only have 180 days to file a claim or you forever lose your right to do so. If you believe you may have a whistleblower claim, do not delay in contacting Console Mattiacci Law, LLC at 215-545-7676 for a comprehensive consultation with an attorney. We represent clients throughout Pennsylvania, New Jersey and New York.