201 et seq.] 2d 1 (1974), the Court ruled that an employer's policy of paying men who worked during a night shift more than women who worked the same jobs during the day shift violated the act. ____________________________________________________________________, ADDITIONAL PROVISIONS OF EQUAL PAY ACT OF 1963. The Act made it illegal to pay men and women working in the same place different salaries for similar work. (a) if the cause of action accrues on or after May 14, 1947 [the date of the enactment of this Act]-may be commenced within two years after the cause of action accrued, and every such action shall be forever barred unless commenced within two years after the cause of action accrued, except that a cause of action arising out a willful violation may be commenced within three years after the cause of action accrued; SEC. The limitations of the Equal Pay Act has led a number of commentators to criticize its provision and the application of the act in the courts. 201 et seq. The War Labor Board established a policy of "equal pay for women." The EEOC looks at whether both jobs require the same skill, effort and responsibility. [In the following excerpts from the Portal-to-Portal Act of 1947, the authority given to the Secretary of Labor is exercised by the Equal Employment Opportunity Commission for purposes of enforcing the Equal Pay Act of 1963.]. Before sharing sensitive information, make sure you’re on a federal government site. The employer of an employee who performs substitute work described in section 207(p)(3) [section 7(p)(3)] of this title may not be required under this subsection to keep a record of the hours of the substitute work. [In the following excerpts from the Fair Labor Standards Act of 1938, as amended, authority given to the Secretary of Labor is exercised by the Equal Employment Opportunity Commission for purposes of enforcing the Equal Pay Act of 1963.]. This Act may be cited as the "Portal-to-Portal Act of 1947. When members of Congress introduced legislation called the Women's Equal Pay Act of 1945, it contained the phrase "comparable work." This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. Particularly important for the victims of discrimination, the Act contains an explicit retroactivity provision. Wages can include more than just hourly or annual pay. .usa-footer .grid-container {padding-left: 30px!important;} (a) The provisions of sections 206 [section 6] (except subsection (d) in the case of paragraph (1) of this subsection) and section 207 [section 7] shall not apply with respect to-, (1) any employee employed in a bona fide executive, administrative, or professional capacity (including any employee employed in the capacity of academic administrative personnel or teacher in elementary or secondary schools), or in the capacity of outside salesman (as such terms are defined and delimited from time to time by regulations of the Secretary, subject to the provisions of subchapter II of chapter 5 of title 5 [the Administrative Procedure Act], except that an employee of a retail or service establishment shall not be excluded from the definition of employee employed in a bona fide executive or administrative capacity because of the number of hours in his workweek which he devotes to activities not directly or closely related to the performance of executive or administrative activities, if less than 40 per centum of his hours worked in the workweek are devoted to such activities); or, [Note: Section 13(a)(2) (relating to employees employed by a retail or service establishment) was repealed by Pub. div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. Equal Employment Opportunity Commission). information, and/or retaliation also violate laws enforced by EEOC. actual job duties, not job titles or classifications. 1-844-234-5122 (ASL Video Phone) The 1974 amendments created an exemption for such employees from the overtime provisions only in section 13(b)27. In determining when an action is commenced by the Secretary of Labor under this subsection for the purposes of the statutes of limitations provided in section 255(a) of this title [section 6(a) of the Portal-to-Portal Act of 1947], it shall be considered to be commenced in the case of any individual claimant on the date when the complaint is filed if he is specifically named as a party plaintiff in the complaint, or if his name did not so appear, on the subsequent date on which his name is added as a party plaintiff in such action. 260 [Section 11] Liquidated Damages. Frequently Asked Questions, Equal Pay Act of 1963 and Lilly Ledbetter Fair Pay Act of 2009. The amount of any penalty under this subsection, when finally determined, may be-. If any provision of this Act or the application of such provision to any person or circumstance is held invalid, the remainder of this Act and the application of such provision to other persons or circumstances shall not be affected thereby. The Equal Pay Act of 1963 was an amendment to the United States’ Fair Labor Standards Act, which is the law that governs hiring, pay, and working conditions for the country’s employees. In order to recover under the act, a woman must prove that (1) an employer paid higher wages to men than to women; (2) male and female employees conduct an equal amount of work that requires substantially equal skill, effort, and responsibility; and (3) men and women performed the work under similar working conditions. Any administrative determination by the Secretary of the amount of any penalty under this subsection shall be final, unless within fifteen days after receipt of notice thereof by certified mail the person charged with the violation takes exception to the determination that the violations for which the penalty is imposed occurred, in which event final determination of the penalty shall be made in an administrative proceeding after opportunity for hearing in accordance with section 554 of Title 5, and regulations to be promulgated by the Secretary. W hen President Kennedy signed the Equal Pay Act into law on this day, June 10, in 1963, it seemed like workplace equality was on its way. --------------------------------------------------------------------------------. Several courts have noted that the Equal Pay Act does not establish a system of "comparable worth," because the act specifically applies to "equal work." Since this policy was based on gender, the Court ruled that the employer had violated the act. An action to recover the liability prescribed in either of the preceding sentences may be maintained against any employer (including a public agency) in an Federal or State court of competent jurisdiction by any one or more employees for and in behalf of himself or themselves and other employees similarly situated. 56 (codified at 29 U.S.C.A. clerk alleges that he is paid less than a female who performs substantially equal work. (1) deducted from any sums owing by the United States to the person charged; (2) recovered in a civil action brought by the Secretary in any court of competent jurisdiction, in which litigation the Secretary shall be represented by the Solicitor of Labor; or. What's Really Behind The Gender Wage Gap? 255 [Section 6] Statute of Limitations. (3) 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. SEC. Three years later, in City of Los Angeles Department of Water & Power v. Manhart, 435 U.S. 702, 98 S. Ct. 7370, 55 L. Ed. In comparing two jobs for purposes of the EPA, consideration should be given to the (3) ordered by the court, in an action brought for a violation of section 215(a)(4) of this title or a repeated or willful violation of section 215(a)(2) of this title, to be paid to the Secretary. [CDATA[/* >