Equal Pay Act -- 8 Defenses Employers Can Use

Mark S Guralnick

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Family Law Attorney

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Posted over 4 years ago. 4 helpful votes

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1

Different Establishments

The employers can argue that the employees in question work in different establishments.

2

Different Kind of Work.

They can claim the work is not equal in nature, quality, quantity or character; and therefore the pay need not be the same for different kinds of work.

3

Different Effort.

The employer can show that the effort levels required are not equal.

4

Different Responsibility.

They can argue that the level of responsibility differs between the jobs

5

Different Conditions

The jobs are conducted under different working conditions.

6

Different Production Levels.

The employer can say that it measures earnings by quantity of production, and the quantity varies between the parties in question.

7

Different Quality

The employer can say that it measures earnings by quality of production, and the quality varies between the parties in question.

8

Different Credentials

Finally, the employer can claim that the wage differential is based on additional factors (such as education, leadership capacity, or publishing experience.

Additional Resources

For additional information about wage and hour laws, see the Fair Labor Standards Act.

Equal Pay Act

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