FLSA Promulgates Gender Equal Pay Rules – Los Angeles Employment Attorneys Blumenthal, Nordrehaug & Bhowmik

by Norman B. Blumenthal on November 15, 2012

While many are familiar with the Fair Labor Standards Act (FLSA) basic minimum wage and overtime pay rules, not every is aware of the nuances within the FLSA. One nuance applies to gender equality.

A job’s requirements determines the job’s pay, whether the job is performed by a man or woman. Equal Pay Act of 1963. Nevertheless, if the pay difference is based on a bona fide seniority, merit, or incentive system, a business may pay a man or woman different pay for the same job.

The criteria for a bona fide system are:

• The system is not implemented with a purpose to discriminate for gender reasons, and
• Specific criteria that are used to assess the worker’s productivity, merit, or seniority are … determined prior to the pay disparity, the reason(s) for the pay differences, properly communicated to the entire work force, and applied equitably and objectively to all workers.

Paying men and women different pay for the same job while not having a bona fide system, however, does not automatically mean there is a punishable FLSA violation. Businesses have the opportunity to show that any pay difference is based on factors germane to the job’s requirements, provides specific benefits to or furthers the business, or enhances an employment practice within the business.

Factors often used to justify pay differences for men and women, when there is no bona fide system, are:

• The workers’ have different experience, education, training, and skills.
• The worker generates more revenue for the company.
• The job is performed on the 2nd or 3rd shift, is part-time, seasonal, or temporary.

If you are a California worker who has been classified or reclassified as an independent contractor, contact Blumenthal, Nordrehaug & Bhowmik. Blumenthal, Nordrehaug & Bhowmik is an experienced California employment law firm with offices located in San Diego, San Francisco and Los Angeles. The firm dedicates its practice to contingency fee employment law work for issues involving misclassification as a salaried worker exempt from overtime, failure to pay vacation wages, misclassification as an independent contractor, off-the-clock work, wrongful termination, discrimination and other California labor laws.

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