A federal law prohibiting wage discrimination on the basis of sex (29 U.S.C. §206(d)). The Equal Pay Act is a part of the Fair Labor Standards Act (www.practicallaw.com/5-501-9884) (FLSA), the federal law governing wage and hour matters, and applies to all employers covered under the FLSA (for information about covered employers, see Practice Note, Wage and Hour Law: Overview: Covered Employers and Employees (www.practicallaw.com/2-506-0530)).
To make a claim for discrimination under the Equal Pay Act, an employee must show that unequal wages are paid for equal work both:
Performed under similar working conditions.
On jobs that require equal skill, effort and responsibility.
The Equal Pay Act does allow for unequal pay if the difference results from a:
Seniority system.
Merit system.
System that measures earnings by quantity or quality of production.
Factor other than sex.
The Equal Pay Act is administered and enforced by the Equal Employment Opportunity Commission (www.practicallaw.com/4-501-5853). For more information about wage and hour law generally, see Practice Note, Wage and Hour Law: Overview (www.practicallaw.com/2-506-0530).