Civil penalties collected for violations of section 212 [section 12] of this title shall be deposited in the general fund of the Treasury. L. 88-38) (EPA), as amended, as it appears in volume 29 of the United States Code, at section 206 (d). The Balance Careers uses cookies to provide you with a great user experience. L. 88-38) (EPA), as amended, as it appears in volume 29 of the United States Code, at section 206(d).

@media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} [*The gender wage gap is bigger for black and Hispanic women compared to white, non-Hispanic men.]

The employer of an employee who performs substitute work described in section 207(p)(3) [section 7(p)(3)] of this title may not be required under this subsection to keep a record of the hours of the substitute work. (5) Except for civil penalties collected for violations of section 212 [section 12] of this title, sums collected as penalties pursuant to this section shall be applied toward reimbursement of the costs of determining the violations and assessing and collecting such penalties, in accordance with the provision of section 9a of Title 29 [An Act to authorize the Department of Labor to make special statistical studies upon payment of the cost thereof and for other purposes]. For example, gender discrimination may be responsible for some portion of the unexplained wage gap. An action to recover the liability prescribed in either of the preceding sentences may be maintained against any employer (including a public agency) in an Federal or State court of competent jurisdiction by any one or more employees for and in behalf of himself or themselves and other employees similarly situated. Except as provided in section 212 [section 12], the Administrator shall bring all actions under section 217 [section 17] of this title to restrain violations of this chapter.

Therefore the mandate that employers must give equal pay to two workers regardless of gender does not apply in these cases. Age Discrimination Issues: How Old Is Too Old? What Is the Equal Employment Opportunity Commission (EEOC)? ], shall be considered to be commenced on the date when the complaint is filed; except that in the case of a collective or class action instituted under the Fair Labor Standards Act of 1938, as amended, or the Bacon-Davis Act, it shall be considered to be commenced in the case of any individual claimant—, (a) on the date when the complaint is filed, if he is specifically named as a party plaintiff in the complaint and his written consent to become a party plaintiff is filed on such date in the court in which the action is brought; or. "[9] The EPA protects both men and women. Any person who repeatedly or willfully violates section 206 or 207 of this title shall be subject to a civil penalty of not to exceed $1,000 for each such violation. The site is secure. (b) For the purposes of subsection (a)(1) of this section proof that any employee was employed in any place of employment where goods shipped or sold in commerce were produced, within ninety days prior to the removal of the goods from such place of employment, shall be prima facie evidence that such employee was engaged in the production of such goods. (A) deducted from any sums owing by the United States to the person charged; (B) recovered in a civil action brought by the Secretary in any court of competent jurisdiction, in which litigation the Secretary shall be represented by the Solicitor of Labor; or. Equal Employment Opportunity Commission. (A) the application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software, or system functional specifications; (B) the design, development, documentation, analysis, creation, testing, or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications; (C) the design, documentation, testing, creation, or modification of computer programs related to machine operating systems; or, (D) a combination of duties described in subparagraphs (A), (B), and (C) the performance of which requires the same level of skills, and. (e) Any person who violates the provisions of section 212 of this title, relating to child labor, or any regulation issued under that section, shall be subject to a civil penalty of not to exceed $10,000 for each employee who was the subject of such a violation. To ensure the health of our economy and the economic security of our nation's families, we must do more to eliminate the gender wage gap."[32]. L. 88-38) (EPA), as amended, as it appears in volume 29 of the United States Code, at section 206 (d). EEOC: Equal Pay Act of 1963 and Lilly Ledbetter Fair Pay Act of 2009. American women’s salaries have risen relative to men's since the EPA’s enactment, from 62.3% of men’s earnings in 1979 to 81.1% in 2018. (c) Every employer subject to any provision of this chapter or of any order issued under this chapter shall make, keep, and preserve such records of the persons employed by him and of the wages, hours, and other conditions and practices of employment maintained by him, and shall preserve such records for such periods of time, and shall make such reports therefrom to the Administrator as he shall prescribe by regulation or order as necessary or appropriate for the enforcement of the provisions of this chapter or the regulations or orders thereunder.