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The Equal Pay Act is a part of the Fair Labor Standards Act (FLSA) and has the same basic coverage with two principal exceptions in that it:
Most federal government employees are covered by the Equal Pay Act.
Under the FLSA, men and women must receive equal pay when they:
These conditions apply unless the differential can be shown to be based on any factor other than sex. For example, it is not unlawful for employees doing the same work to be paid at a different rate if the difference is based upon length of service, skill, or similar factors.
It is also unlawful for an employer to discriminate between men and women performing equal work with respect to benefits. The Equal Pay Act also prohibits employers from making benefits available for spouses or families of employees of only one gender, or for having a pension or retirement plan which establishes different retirement ages based on sex.
If there is a wage differential, it is up to the employer to prove that the difference is justified under one or more of the Act’s defenses.
What constitutes equal skill, equal effort, or equal responsibility cannot be precisely defined. However, “equal” does not mean “identical.” Jobs with minor differences can be equal. Differences must be substantial.
Jobs on different machines or equipment are not necessarily unequal, if the difference in skill or effort is inconsequential.
Covered employers must keep any records which relate to wages, job evaluations, job descriptions, seniority systems, etc. which may used in equal pay determinations, and preserve such records for at least two years.