Equal Pay for Equal Work

Men and women doing substantially equal work for the same employer must get equal pay. Other laws also make it illegal to set pay based on race, national origin, age, disability and other protected traits. In the trades, pay gaps often show up in who gets overtime, premium assignments and promotions.

The federal laws

“Pay” includes wages, overtime, bonuses, per diem, vacation, benefits, and allowances for tools or travel.

Allowed reasons for differences

Under the Equal Pay Act, an employer can pay differently only because of:

The employer must prove it, and it can’t fix a gap by cutting the higher-paid worker’s pay.

You can talk about your pay

The National Labor Relations Act protects most private-sector workers who discuss pay with coworkers. Rules that ban talking about wages are generally illegal. See Right to Organize.

Pay transparency laws

A growing number of states and cities, including California, Colorado, Washington, New York and Illinois, require employers to list pay ranges in job postings or share them with applicants and workers. Many also ban asking about salary history.

If you think you’re underpaid

Each paycheck can count: under federal law, each discriminatory paycheck can restart the filing deadline for many pay discrimination claims. Don’t assume it’s too late; ask the EEOC or a lawyer.

Standards & references

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