Equal Pay Act Attorneys In Cleveland
The Equal Pay Act (EPA) is a federal law that requires employers to pay employees equally for substantially equal work, regardless of sex. Equal work is assessed based on skill, effort, responsibility, and working conditions – not job titles.
What the Law Prohibits
The EPA prohibits paying employees of different sexes different wages for work that is substantially equal and performed under similar working conditions. Coverage extends to all forms of compensation: base salary, overtime, bonuses, and benefits.
When Wage Differences Are Lawful
An employer can justify a wage difference between employees of different sexes if it is based entirely on:
- A seniority system
- A merit system
- A system measuring earnings by quantity or quality of production
- A factor other than sex, such as education, experience, or shift differentials
The burden is on the employer to establish one of these defenses. If the employer cannot, the pay disparity is unlawful.
How EPA Claims Work
Unlike Title VII claims, EPA claims do not require exhaustion of administrative remedies with the EEOC before filing suit in federal court. You can file directly. The statute of limitations is two years for non-willful violations and three years for willful violations.
Contact Wade Mapley, LLC
If you believe you are being paid less than a colleague of the opposite sex for substantially equal work, contact us online or at 216-329-3116 for a free consultation.