Sometimes they are a way of recognizing or honoring the sponsor or creator of a particular law (as with the 'Taft-Hartley Act'). (3) In determining the amount of any penalty under this subsection, the appropriateness of such penalty to the size of the business of the person charged and the gravity of the violation shall be considered. To calm the business community's fears, Congress decided to make the Equal Pay Act an amendment to the already existing Fair Labor Standards Act (FSLA). The EPA, which is part of the Fair Labor Standards Act of 1938, as amended (FLSA), and which is administered and enforced by the EEOC, prohibits sex-based wage discrimination between men and women in the same establishment who perform jobs that require substantially equal skill, effort and responsibility under similar working conditions. To prohibit discrimination on account of sex in the payment of wages by employers engaged in commerce or in the production of goods for commerce. The Equal Pay Act of 1963 is a United States labor law amending the Fair Labor Standards Act, aimed at abolishing wage disparity based on sex (see Gender pay gap). The percentage of women working outside the home dropped to less than 28% of the total workforce. This question hasn't been answered yet Ask an expert. The 1974 amendments created an exemption for certain tobacco producing employees from the overtime provisions only in section 13(b)(22). (b) It is hereby declared to be the policy of this Act, through exercise by Congress of its power to regulate commerce among the several States and with foreign nations, to correct the conditions above referred to in such industries. This landmark piece of federal anti-discrimination law was one of the very first to address gender-based pay disparities. These standards labor such as basic minimum wage and overtime pay and affected most private and public employment. The National War Labor Board first advocated equal pay for equal work in 1942, and an equal pay act was proposed in 1945. Equal Employment Opportunity Commission (EEOC). The Equal Pay Act of 1963 is a labor law, amending the Fair Labor Standards Act, that prohibits gender-based wage discrimination in the United States. ADDITIONAL PROVISIONS OF EQUAL PAY ACT OF 1963. Washington, DC 20507
No person shall be imprisoned under this subsection except for an offense committed after the conviction of such person for a prior offense under this subsection. The Equal Pay Act of 1963 is a United States federal law amending the Fair Labor Standards Act, aimed at abolishing wage disparity based on sex (see Gender pay gap).It was signed into law on June 10, 1963 by John F. Kennedy as part of his New Frontier Program. [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. This Act may be cited as the 'Portal-to-Portal Act of 1947. 251 et seq.] ], Any action commenced on or after May 14, 1947 [the date of the enactment of this Act], to enforce any cause of action for unpaid minimum wages, unpaid overtime compensation, or liquidated damages, under the Fair Labor Standards Act of 1938, as amended, [29 U.S.C. The Equal Pay Act, signed in to law by President John F. Kennedy on June 10, 1963, was one of the first federal anti-discrimination laws that addressed wage differences based on gender. L. 88-38) (EPA), as amended, as it appears in volume 29 of the United States Code, at section 206 (d). The jobs need not be identical, but they must be substantially equal. Almost four decades later, men's and women's salaries have yet … This phrase had proven to be problematic in the past and after much discussion, was eventually changed to the less controversial "equal work" which meant, "jobs requiring equal skill, effort, and responsibility, and which are performed under similar working conditions." 201 et seq. (i) permanent loss or substantial impairment of one of the senses (sight, hearing, taste, smell, tactile sensation); (ii) permanent loss or substantial impairment of the function of a bodily member, organ, or mental faculty, including the loss of all or part of an arm, leg, foot, hand or other body part; or. Equal Employment Opportunity Commission MINIMUM WAGE SEC. The Equal Pay Act of 1963 was, he acknowledged, only a "first step" and "much remains to be done to achieve full equality of economic opportunity. "Specifically, the EPA provides that employers may not pay unequal wages to men and women who perform substantially equal jobs and work at the same establishment. Any employer who violates the provisions of section 206 [section 6] or section 207 [section 7] of this title shall be liable to the employee or employees affected in the amount of their unpaid minimum wages, or their unpaid overtime compensation, as the case may be, and in an additional equal amount as liquidated damages. (29 U.S.C. excuse noncompliance with any Federal or State law or municipal ordinance establishing a minimum wage higher than the minimum wage established under this chapter or a maximum work week lower than the maximum workweek established under this chapter, and no provision of this chapter relating to the employment of child labor shall justify noncompliance with any Federal or State law or municipal ordinance establishing a higher standard than the standard established under this chapter. 56 (codified at 29 U.S.C.A. [Section 3 of the Equal Pay Act of 1963 amends section 6 of the Fair Labor Standards Act by adding a new subsection (d). 1-800-669-6820 (TTY)
Throughout history women have been paid less than men even when employed in the same jobs. Any person who willfully violates any of the provisions of section 215 [section 15] of this title shall upon conviction thereof be subject to a fine of not more than $10,000, or to imprisonment for not more than six months, or both. § 206.) Equal Pay Act of 1963 The Equal Pay Act of 1963 established the requirements that women should receive equal pay for their amount of work. It is part of a larger architecture of fairness in wages known as the Fair Labor Standards Act (FLSA). Any such sums not paid to an employee because of inability to do so within a period of three years shall be covered into the Treasury of the United States as miscellaneous receipts. (C) ordered by the court, in an action brought for a violation of section 215(a)(4) [section 15(a)(4)] of this title or a repeated or willful violation of section 215(a)(2) [section 15(a)(2)] of this title, to be paid to the Secretary. Such a defense, if established, shall be a bar to the action or proceeding, notwithstanding that after such act or omission, such administrative regulation, order, ruling, approval, interpretation, practice, or enforcement policy is modified or rescinded or is determined by judicial authority to be invalid or of no legal effect. This act made it illegal to pay men and women different wages for the same work. This act made it illegal to pay men and women different wages for the same work. 202-663-4900 / (TTY) 202-663-4494, Call 1-800-669-4000
In … 201 et seq. The Secretary is authorized to supervise the payment of the unpaid minimum wages or the unpaid overtime compensation owing to any employee or employees under section 206 [section 6] or section 207 [section 7] of this title, and the agreement of any employee to accept such payment shall upon payment in full constitute a waiver by such employee of any right he may have under subsection (b) of this section to such unpaid minimum wages or unpaid overtime compensation and an additional equal amount as liquidated damages. Equal Pay Act of 1963 Court Rules That Women Can't Get Paid Less Than Men Based On Past Salaries “The financial exploitation of working women embodied by the gender pay gap continues to be an embarrassing reality of our economy,” a judge wrote. Every employer subject to any provision of this chapter or of any order issued under this chapter shall make, keep, and preserve such records of the persons employed by him and of the wages, hours, and other conditions and practices of employment maintained by him, and shall preserve such records for such periods of time, and shall make such reports therefrom to the Administrator as he shall prescribe by regulation or order as necessary or appropriate for the enforcement of the provisions of this chapter or the regulations or orders thereunder. With this change, supporters of the legislation were able to move the bill forward. Before sharing sensitive information, make sure you’re on a federal government site. In this lesson plan, students will discuss the issue and examine the Equal Pay Act of 1963 for its strengths and weaknesses. ], shall be considered to be commenced on the date when the complaint is filed; except that in the case of a collective or class action instituted under the Fair Labor Standards Act of 1938, as amended, or the Bacon-Davis Act, it shall be considered to be commenced in the case of any individual claimant—, (a) on the date when the complaint is filed, if he is specifically named as a party plaintiff in the complaint and his written consent to become a party plaintiff is filed on such date in the court in which the action is brought; or. (b) The agency referred to in subsection (a) shall be-. L. 101-157, Section 3(c)(1), November 17, 1989. *** DECLARATION OF … L. 88-38) (EPA), as amended, as it appears in volume 29 of the United States Code, at section 206 (d). She gathered data, built coalitions, and won over opponents in a successful campaign to bring an Equal Pay Act before Congress. (B) For purposes of subparagraph (A), the term "serious injury" means—. (1) No employer having employees subject to any provisions of this section shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to (i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) a differential based on any other factor other than sex: Provided, That an employer who is paying a wage rate differential in violation of this subsection shall not, in order to comply with the provisions of this subsection, reduce the wage rate of any employee. The Equal Pay Act of 1963 is a United States labor law amending the Fair Labor Standards Act, aimed at abolishing wage disparity based on sex (see Gender pay gap). Federal government websites often end in .gov or .mil. The exemption from section 206 [section 6] of this title provided by paragraph (6) of subsection (a) of this section shall not apply with respect to any employee employed by an establishment (1) which controls, is controlled by, or is under common control with, another establishment the activities of which are not related for a common business purpose to, but materially support the activities of the establishment employing such employee; and (2) whose annual gross volume of sales made or business done, when combined with the annual gross volume of sales made or business done by each establishment which controls, is controlled by, or is under common control with, the establishment employing such employee, exceeds $10,000,000 (exclusive of excise taxes at the retail level which are separately stated). Explain the Equal Pay Act of 1963. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. Throughout history women have been paid less than men even when employed in the same jobs. Equal Employment Opportunity Commission). ]- the Administrator of the Wage and Hour Division of the Department of Labor; In any action commenced prior to or on or after May 14, 1947 [the date of the enactment of this Act] to recover unpaid minimum wages, unpaid overtime compensation, or liquidated damages, under the Fair Labor Standards Act of 1938, as amended [29 U.S.C. Segments of the business community opposed the Equal Pay Act. 201 et seq. During World War II, however, labor shortages brought large numbers of women in to the workplace and by 1945, women made up 37% of the civilian workforce. Why is pay equity and/or comparable worth a critical element for all organizations to review? These included the U.S. Chamber of Commerce and the National Retail Merchants Association (NRMA) both of whom argued that women were more expensive to employ than men. 88-38, 77 Stat. 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