No
Applicable
No provisions could be located
Yes
1964, Title VII of the Civil Rights Act, codified at 42 United States Code 2000e-2 [Section 703] Available, in the original version, here. 1963, Equal Pay Act, codified at 29 United States Code 206(d) Available, in the original version, here. 2017, Regulation governing federal contractors, 41 Code of Federal Regulations, Section 60-20.4 Available, in the original version, here. Title VII of the Civil Rights Act of 1964, codified at 42 USC 2000e-2, makes it unlawful to "discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment" on the basis of race, colour, religion, sex, or national origin. 2009, Federal law: Lilly Ledbetter Fair Pay Act, codified at 42 United States Code 2000e-5(e). This Act amends Title VII of the Civil Rights Act of 1964 to clarify that a discriminatory compensation decision that is unlawful under Title VII occurs each time wages, benefits, or other compensation are paid pursuant to the discriminatory compensation decision or practice (as opposed to that statute of limitations beginning only when the initial discriminatory compensation decision is made). It allows an aggrieved party to sue employers for compensation discrimination up to 180 days after receiving an unfair pay check. Available, in the original version, here. The Equal Pay Act of 1963 (which amended the Fair Labor Standards Act), codified at 29 USC 206(d), provides that wage discrimination by employers based on sex is unlawful. It states: "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". The sex discrimination regulations that apply to federal contractors are found at 41 Code of Federal Regulations (CFR) 60-20; specifically, the "Discriminatory Compensation" provision is at 41 CFR 60-20.4. Federal contractors may not pay different compensation to similarly situated employees on the basis of sex; may not grant or deny higher-paying wage rates, salaries, positions, job classifications, work assignments, shifts, development opportunities, or other opportunities on the basis of sex; may not provide or deny earnings opportunities because of sex, for example, by denying women equal opportunity to obtain regular and/or overtime hours, commissions, pay increases, incentive compensation, or any other additions to regular earnings; and may not implement compensation practices that have an adverse impact on the basis of sex and are not shown to be job-related and consistent with business necessity.
Employers are covered by Title VII if they have 15 or more employees for each working day in each of 20 or more calendar weeks during a given year. Employment agencies, such as temporary staffing agencies or recruitment companies, are covered by Title VII no matter how many employees they have. Virtually all employers, regardless of size, are covered by the Equal Pay Act. Title VII and the Equal Pay Act protect job applicants, as well as employees. Generally, people who are not "employed" by the employer, such as independent contractors, are not covered by anti-discrimination laws.
Under the Equal Pay Act, "the term 'wages' generally includes all payments made to [or on behalf of] an employee as remuneration for employment. The term includes all forms of compensation irrespective of the time of payment, whether paid periodically or deferred until a later date, and whether called wages, salary, profit sharing, expense account, monthly minimum, bonus, uniform cleaning allowance, hotel accommodations, use of company car, gasoline allowance, or some other name. Fringe benefits are deemed to be remuneration for employment. 'Wages' as used in the Equal Pay Act (the purpose of which is to assure men and women equal remuneration for equal work) will therefore include payments which may not be counted under section 3(m) of the Fair Labor Standards Act (FLSA) toward the minimum wage (the purpose of which is to assure employees a minimum amount of remuneration unconditionally available in cash or in board, lodging or other facilities). Similarly, the provisions of section 7(e) of the FLSA under which some payments may be excluded in computing an employee's 'regular rate' of pay for purposes of section 7 do not authorize the exclusion of any such remuneration from the 'wages' of an employee in applying the Equal Pay Act. Thus, vacation and holiday pay, and premium payments for work on Saturdays, Sundays, holidays, regular days of rest or other days or hours in excess or outside of the employee's regular days or hours of work are deemed remuneration for employment and therefore wage payments that must be considered in applying the Equal Pay Act, even though not a part of the employee's 'regular rate.' " 29 Code of Federal Regulations 1620.10 available, in the original version, here. With respect to federal contractors, compensation is defined as any payments made to, or on behalf of, an employee or offered to an applicant as remuneration for employment, including, but not limited to, salary, wages, overtime pay, shift differentials, bonuses, commissions, vacation and holiday pay, allowances, insurance and other benefits, stock options and awards, profit sharing, and retirement. 41 Code of Federal Regulations 60-1.3 available, in the original version, here.
YES
Executive Order 11246 and its implementing regulations require that federal contractors and subcontractors evaluate compensation systems to determine whether there are gender-, race-, or ethnicity-based disparities, as part of one component in their affirmative action program. Federal contractors and subcontractors conduct their own self-analysis on an annual basis and submit their compensation analyses and employee-level compensation data to the Department of Labour's Office of Federal Contract Compliance Programs (OFCCP) if OFCCP schedules them for a compliance evaluation. Federal contractors also are prohibited from discriminating against applicants or employees because they inquire about, discuss, or disclose their compensation or that of others, subject to certain limitations. Available, in the original version, here. Overview of U.S. States' Equal Pay and Pay Transparency Measures is available here.
Federal and State
The federal minimum wage rate is set by statute in the Fair Labor Standards Act (FLSA), 29 U.S.C. 206. The federal minimum wage for covered, non-exempt workers is $7.25 per hour as of 24 July 2009. Some employees are exempt from minimum wage provisions of FLSA. The FLSA generally includes domestic workers, but exempts from minimum wage requirements "any employee employed on a casual basis in domestic service employment to provide babysitting services or any employee employed in domestic service employment to provide companionship services for individuals who (because of age or infirmity) are unable to care for themselves [...]" 29 U.S.C. 213(a)(15). Under DOL regulations, domestic workers employed by third-party employers (any employer other than the individual or family with whom the employee works) are not exempt from minimum wage. 29 C.F.R. 552.109. Additional information about coverage of the FLSA can be found here. Additional information about exemptions can be found here. Various minimum wage exceptions also apply under specific circumstances to workers with disabilities, full-time students, youth under age 20 in their first 90 consecutive calendar days of employment, tipped employees and student learners. Additional information can be found here. Many states also have minimum wage laws. When state law requires a higher minimum wage than federal law, that higher standard applies. Like the federal wage and hour law, State law often exempts particular occupations or industries from the minimum labor standard generally applied to covered employment. Some states also set subminimum rates for minors and/or students or exempt them from coverage, or have a training wage for new hires. Additionally, some local governments set minimum wage rates higher than their respective state minimum wage. Overview of U.S. States' minimum wage laws available here. Overview of U.S. States' tipped minimum wage laws available here. Fair Labor Standards Act is available here. Federal contractors and employers who employ certain visa classifications of foreign workers are required to pay prevailing wages determined by the Secretary of Labor. For examples, 40 United States Code 3142 (requiring prevailing wages set by Secretary of Labor for corresponding classes of laborers and mechanics on similar projects in the same area for laborers and mechanics on public buildings and works).
The Ninth Circuit recently held that salary history is not a factor other than sex that may be used to justify pay differentials under the Equal Pay Act. Rizo v. Yovino, 950 F.3d 1217 (9th Cir. 2020), cert. denied, 141 S. Ct. 189 (U.S. July 2, 2020). A number of states and localities have enacted legislation that forbids employers to ask for candidate's salary history and to determine offered salary based on past experience. This legislation intends to narrow that gender pay gap. Further information on the 14 states and Puerto Rico where such policies have been adopted is available here.
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