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Women are
68%
more likely to
live in poverty
than white men in
The Nation
Single-woman led households are at the
highest risk
of poverty in
The Nation
In
The Nation
, women earn
$0.70
for every dollar a white man makes
Women in
The Nation
are
76%
more likely to earn
minimum wage
than white men
Women in
The Nation
are
11%
more likely to earn a
tipped wage
than white men
In
The Nation
, at least
70%
of women are essential to the financial security of their household
Federal law requires equal pay for equal work based on sex in jobs that require equal skill, effort, and responsibility and which are performed under similar working conditions.[1]
Affirmative Defenses: To justify a pay disparity, an employer can assert that it was based on: seniority system, merit system, a system which measures earnings by quantity or quality of production, or a differential based on any other factor other than sex.[2]
Retaliation: It is unlawful to discharge or in any other manner discriminate against you if you decide to file a complaint, testify, or assist in a proceeding under the Equal Pay Act.[3]
[1] The Equal Pay Act, 29 U.S.C. § 206(d)(1).
[2] The Equal Pay Act, 29 U.S.C. § 206(d)(1).
[3] 29 U.S.C. § 215(a)(3).
N/A
No. Federal law currently does not mandate private employers to disclose pay ranges.
No. Federal law currently does not prohibit private employers from inquiring about or relying upon a candidate’s salary history during the hiring process. However, pursuant to federal regulations recently issued by the Office of Personnel Management, federal agencies setting pay for various government positions are now prohibited from relying on salary history in setting pay for covered positions and pay systems.[1] Additionally, in several jurisdictions, federal courts have recognized that salary history does not constitute “a factor other than sex” and thus cannot be used by employers as an affirmative defense to an equal pay claim.
[1] 89 F.R. 5737
Yes. Under the National Labor Relations Act, many private sector employers generally cannot prohibit employees who are covered under the act from discussing wages, with some exceptions such as supervisors.[1]
[1] 29 U.S.C. § 158.
No. While employers with 100 or more employees were temporarily required to report pay data based on gender, race, and ethnicity pursuant to federal regulations under the Obama administration, these regulations have since been suspended.
The federal minimum wage has been $7.25/hr since July 2009.[1]
[1] 29 U.S.C. § 206 (a)(1)(C); Minimum Wage, U.S. Dep’t of Lab. (Jan. 1, 2023), https://www.dol.gov/agencies/whd/minimum-wage.
No. Tipped employees who earn at least $30 in tips per month are permitted to be paid $2.13/hr.[1] 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, student-learners, and tipped employees.[2] There are also groups of workers who are exempted entirely from the law.[3]
[1] 29 U.S.C. § 206 (a)(1)(C); Minimum Wage, U.S. Dep’t of Lab. (Jan. 1, 2023), https://www.dol.gov/agencies/whd/minimum-wage.
[2] Questions and Answers About the Minimum Wage, U.S. Dep’t of Lab. (Jan. 1, 2023), https://www.dol.gov/agencies/whd/minimum-wage/faq.
[3] 29 U.S.C. § 213; Fair Labor Standards Act Advisor, U.S. Dep’t of Lab. (Jan. 1, 2023), https://webapps.dol.gov/elaws/whd/flsa/screen75.asp?_ga=2.151785211.394455066.1682003976-877550178.1682003976.
No. Federal law does not require employers to pay wages are regular intervals.
No. The Fair Labor Standards Act does not require employers to pay wages at a particular frequency and only requires that employers pay wages on a regular payday for the pay period that an employee worked for those hours.[1]
[1] 29 U.S.C. § 206.
Yes. Covered nonexempt employees must receive overtime pay for any time worked beyond 40 hours in a work week (any fixed and regularly recurring period of 168 hours—seven consecutive 24-hour periods) at a rate no less than time and a half at the regular rate of pay.[1]
[1] 29 U.S.C. § 207.
Yes. The Fair Labor Standards Act (FLSA) protects against wage theft with respect to minimum wage and overtime violations.[1] The FLSA allows the Department of Labor or an employee to recover back wages and an equal amount in liquidated damages where minimum wage and overtime violations exist.[2] Remedies may be recovered through administrative procedures, litigation, and/or criminal prosecution.[3]
[1] Wages and the Fair Labor Standards Act, U.S. Dep’t of Lab. (Jan. 1, 2023), https://www.dol.gov/agencies/whd/flsa.
[2] Handy Reference Guide to the Fair Labor Standards Act, U.S. Dep’t of Lab. (Jan. 1, 2023), https://www.dol.gov/agencies/whd/compliance-assistance/handy-reference-guide-flsa#15.
[3] Handy Reference Guide to the Fair Labor Standards Act, U.S. Dep’t of Lab. (Jan. 1, 2023), https://www.dol.gov/agencies/whd/compliance-assistance/handy-reference-guide-flsa#15.
