Equal Pay/Comparable Worth laws & HR compliance analysis

Equal Pay/Comparable Worth: What you need to know

Two federal statutes prohibit gender-based differences in pay: the Equal Pay Act of 1963 (EPA) and Title VII of the Civil Rights Act of 1964 (Title VII).
The EPA prohibits differences in pay that are based on gender. Employers covered by the EPA must ensure that male and female employees are paid equal wages for performing substantially equal jobs at the same location.
Title VII requires equal treatment of employees regardless of gender. Under federal regulations, any violation of the EPA is also a violation of Title VII. However, the converse is not necessarily true because Title VII covers additional types of wage discrimination not covered under the EPA (29 CFR 1620.27).
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Because it is part of the Fair Labor Standards Act (FLSA), the EPA has the same basic coverage of employers engaged in interstate commerce (virtually all employers). The EPA is different from the FLSA in that it covers employees who are exempt from the FLSA's overtime and minimum wage provisions (e.g., executive, administrative, and professional employees). With a few limited exceptions, the EPA also covers federal, state, and municipal employers; nonprofit organizations; and religious entities. The EPA specifically prohibits labor unions from attempting to cause any employer to engage in gender-related pay discrimination. The EPA applies to both male and female employees but does not apply to nonemployees, such as partners and independent contractors.
“Wages” refers to all forms of compensation for employment, whether paid periodically or deferred until a later date, including salaries, vacation pay, expense accounts, gasoline allowances, use of company car, etc. Employee benefits are also ...

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