The Equal Pay Act (“EPA”) requires employers to pay men and women equal pay for equal work. What is equal work? Job content, not job titles, is key. Employers may not pay unequal wages to men and women for jobs requiring substantially equal skill, effort, and responsibility and performed under similar working conditions.
Pay differentials between men and women are permitted if the differentials are based on seniority, merit, quantity or quality of production, or a factor other than gender.
To correct a pay differential, an employer may not reduce the wages of any employee. Instead, the employer must increase the wages of the lower paid employee.
The attorneys at Taft provide guidance to employers seeking to ensure that their employee compensation complies with the EPA. Taft attorneys help employers review pay differentials and determine whether a differential may be based upon an objective factor other than gender. Taft attorneys also assist employers in reviewing and updating job descriptions.
Taft attorneys are experienced in investigating and defending claims when they arise.