NFIB

2. Equal Pay Act
10/17/2003

Overview: The 1963 Act prohibits wage and benefit discrimination between men and women in substantially equal jobs within the same establishment.

Application: The Equal Pay Act applies to employers with 15 or more employees.

Permitted Acts: There are limited exceptions for pay differentials when an employer can show that:

• the difference is due to a seniority or merit system; or
• the difference is due to an employees' education, training, and experience.

Record-keeping Requirements: Employers should retain:

• payroll records for at least 3 years; and
• all records (including wage rates, job evaluations, seniority and merit systems, and collective bargaining agreements) for at least 1 year after an employee's termination, that explain the basis for paying different
• wages to employees of opposite sexes in the same establishment.

Notice: The notice, Equal Employment Opportunity is the Law must be posted where employees can readily see it. A copy of this notice is available in the NFIB Legal Foundation's new Federal Employee Handbook for Independent Business.

Additional Information: For more information, please refer to the Equal Employment Opportunity Commission's (EEOC) Web site at http://www.eeoc.gov or contact 800.669.4000 to locate an EEOC field office in your area.