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THE EQUAL PAY ACT

The Equal Pay Act of 1963 is codified at Title 29, United States Code, Section 206(d).

It prohibits an employer from the paying of different wages to employees of opposite sexes for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. The law protects men as well as women. This law is part of the Fair Labor Standards Act of 1938 ("FSLA") and all employers engaged in interstate commerce are covered, not just those with more than 15 employees.

There are exceptions for seniority systems, merit systems, a system that measures earnings by quantity or quality of production, and a differential in pay based on any other factor than gender.

There are no prerequisites to filing a lawsuit under this act. Therefore, an employee does not first have to file a claim with the EEOC or other investigative / enforcement agency in order to seek to enforce their rights in court. Remedies available through a lawsuit include damages up to twice the amount of back pay for a period of up to three years and attorney’s fees.

 
       

Akers & Boswell, PA
2161 Palm Beach Lakes Boulevard, Suite 407
West Palm Beach, Florida 33409
(561) 547 6300 - (561) 828 9212 FAX