(3) For purposes of administration and enforcement, any amounts owing to any employee which have been withheld in violation of this subsection shall be deemed to be unpaid minimum wages or unpaid overtime compensation under this chapter. (2) No labor organization, or its agents, representing employees of an employer having employees subject to any provisions of this section shall cause or attempt to cause such an employer to discriminate against an employee in violation of paragraph (1) of this subsection. (1) No employer having employees subject to any provisions of this section shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to (i) a seniority system (ii) a merit system (iii) a system which measures earnings by quantity or quality of production or (iv) a differential based on any other factor other than sex: Provided, That an employer who is paying a wage rate differential in violation of this subsection shall not, in order to comply with the provisions of this subsection, reduce the wage rate of any employee. Additional provisions of the Equal Pay Act of 1963, as amended, are included as they appear in volume 29 of the United States Code. Cross references to the EPA as enacted appear in italics following the section heading. The EPA, which is part of the Fair Labor Standards Act of 1938, as amended ( FLSA), and which is administered and enforced by the EEOC, prohibits sex-based wage discrimination between men and women in the same establishment who perform jobs that require substantially equal skill, effort and responsibility under similar working conditions. 88-38) ( EPA), as amended, as it appears in volume 29 of the United States Code, at section 206(d). The general secretary is Sharon Graham.EDITOR'S NOTE: The following is the text of the Equal Pay Act of 1963 (Pub. Unite is Britain and Ireland’s largest union with members working across all sectors of the economy. Twitter: Facebook: unitetheunion1 Instagram: unitetheunion Labour must deliver on equalities. There is no other option.”įor media enquires ONLY contact Unite communications officer Ryan Fletcher on 07849 090215. Moving the motion, Unite lay member Jayne Taylor said: “This Conservative government has not only deepened income and wealth inequality, it has exposed and widened the systemic inequalities faced by women, Black and Asian, disabled and LGBT+ people. It stated that advancing and achieving equality must be ‘at the heart of all Labour’s policies, actions and demands’. The motion noted that the Conservative government has deepened income and wealth inequality and systemic inequalities. The call is part of a raft of policies that formed a motion moved by Unite at Labour Party conference today (26 September). The amendment allows cross-employer comparators, which enables women workers to more effectively achieve equal pay for work of equal value and challenge systemic discrimination. The legislation would mirror New Zealand’s Equal Pay Amendment Act 2020. Unite, the UK’s leading union, has called on Labour to commit to introducing legislation to allow cross-employer comparators in equal pay cases.
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