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Summary of differences between federal and state regulations
Employer defined
“Employer” means a person who has two or more employees within the state in each of 20 or more calendar weeks in the current or preceding calendar year and an agent of such a person.
Unlawful employment practices
The unlawful employment practices and exemptions are similar to those under the federal Equal Pay Act. An employer may not differentiate based on sex among employees performing the same or substantially the same work under like working conditions in fixing the employees’ wages and benefits.
The prohibition against discrimination in wages on account of sex applies within the same establishment. In determining an employer’s obligations, the terms ‘employer’ and ‘establishment’ are not synonymous. An employer may have more than one establishment. In such cases, there will be no comparison between wages paid to employees in different establishments.
Although not expressly defined in the law, the term ‘establishment’ has a well settled meaning in the application of the statute’s provisions. It refers to a distinct physical place of business rather than to an entire business or enterprise which may include several separate places of business. Each physically separate place of business is ordinarily considered a separate establishment. The statute applies to all work performed in the establishment, even if the work is performed away from the physical premises of the establishment in which the employees are employed.
The term “wage rate” includes all payments made to or on behalf of the employee, including fringe benefits. Thus, vacation and holiday pay, and premium payments for work on Saturdays, Sundays, holidays, regular days of rest, pension benefits, insurance benefits, and other fringe benefits must be considered in applying the equal pay provisions. On the other hand, payments which do not constitute remuneration for employment are not wages for equal pay purposes. Examples are payments related to maternity, and such reasonable payments for reimbursable expenses of traveling on the employer’s business.
The establishment of different rates of commission on different types of merchandise would not result in a violation of the equal pay provisions where the factor of sex provides no part of the basis for the differential.
The term “red circle” rates describes certain unusual, higher than normal wage rates which are maintained for many reasons. An example of the use of a “red circle” rate might arise where a company wishes to transfer a long-service male employee, who can no longer perform his regular job because of ill health, to different work which is now being performed by women. Under the “red circle” principle, the employer may continue to pay the male employee his present salary, which is greater than that paid to the women employees, for the work both will be doing. Under such circumstances, maintaining an employee’s established wage rate despite a reassignment to a less demanding job, is a valid reason for the differential even though other employees performing the less demanding work would be paid at a lower rate, since the differential is based on a factor other than sex. However, where wage rate differentials have been paid on the basis of sex to employees performing comparable work, rates of the higher paid employees may not be “red circled” in order to comply with the statute.
Court action may be commenced no later than six months after the cause of action occurs.
Posting
Every covered employer or other entity must keep an abstract or copy of Kentucky Revised Statues (KRS) Chapter 337, Sections 337.420 through 337.433, Wage Discrimination Because of Sex and KRS 337.990(14) posted in a conspicuous place in or about the premises where any employee is employed. Employers will be furnished copies or abstracts by the state on request without charge.
State
Contact
Kentucky Labor Cabinet (Department of Labor)
Regulations
Kentucky Revised Statues Chapter 337, Sections 337.420 through 337.433, Wage Discrimination Because of Sex
www.lrc.ky.gov/Statutes/chapter.aspx?id=38890
Kentucky Revised Statutes Chapter 344, Civil Rights
www.lrc.ky.gov/Statutes/chapter.aspx?id=38920
Kentucky Administrative Regulations Title 803, Chapter 1 - Labor Standards; Wages and Hours
www.lrc.state.ky.us/kar/TITLE803.HTM
Federal
Contact
Equal Employment Opportunity Commission (EEOC)
Regulations
29 CFR Part 1620, The Equal Pay Act
29 CFR 1621, Procedures — The Equal Pay Act