Equal Pay Act

On Tuesday, in Genesis Healthcare Corp v. Symczyk, the Supreme Court struck a blow to collective actions under the Fair Labors Standards Act (“FLSA”). In a 5-4 decision, the Court held that courts lack jurisdiction to hear collective action cases if the named plaintiff’s (or plaintiffs’) own claims are “moot.” Under the FLSA, collective actions are similar to class actions in that they allow plaintiffs to sue on behalf other unnamed, but similarly situated, individuals, but collective actions do not require many of the stringent limitations imposed on class actions (such as numerosity or typicality of claims). The Supreme Court’s decision means that if the named plaintiff no longer has a “personal stake” in the case and no other individuals have yet joined the case, no relief is available to the group and the case must end, even though the named plaintiff’s complaint sought damages for a group and not solely for herself. Read more »

To mark Equal Pay Day, NWLC's Fatima Goss Graves, Vice President for Education and Employment, and Becka Wall, Program Assistant for Communications sat down for a chat on the success we've had on equal pay – and what we need to do next.

Becka: Hi, Fatima! Thanks so much for sitting and chatting with me about Equal Pay. I feel like this has been such a long and uphill battle. Where does the fight for equal pay stand right now?

Fatima: Since we passed the Equal Pay Act, the wage gap has narrowed by 18 cents. And there has been some clear progress – no longer will you see separate gender-based pay classifications, for example. But the wage gap has not budged for a decade, so there is serious work to do.

Fifty years since the passing of the Equal Pay Act is a great time to look at where we are – assess how far we’ve come, and how far we have to go.

Becka: What are some of the major causes that contribute to the issue of unequal pay?

Fatima: Women are still paid less for the same job, and it’s impossible in some spaces to get salary information. Some workplaces actual ban women from talking about their own wages. Women are concentrated in occupations that pay less. There are also a number of barriers to higher, paid traditionally male jobs. And there is a continuing penalty for caregivers – studies have shown that women who are mothers are paid less than men who are fathers. Read more »

In a win for workers everywhere, last week the U.S. Court of Appeals for the Fifth Circuit denied Wells Fargo’s petition for a writ of mandamus in a case involving the Fair Labor Standards Act’s (FLSA) collective action mechanism.

Huh?

Okay, a writ of mandamus is just a fancy way of telling someone to do something. In seeking a writ of mandamus, Wells Fargo was asking the Fifth Circuit to tell the district court in Texas that it messed up and needed to try again. And in denying the petition, the Fifth Circuit politely said “thanks, but no thanks.”

So what’s the issue here? Well, the FLSA requires that certain employees be paid overtime for any works weeks over 40 hours. And the collective action mechanism in the FLSA allows workers to bring lawsuits on behalf of themselves and others to enforce this law.

The National Women’s Law Center filed an amicus brief urging the court to deny Wells Fargo’s motion for the writ (so: yay, we won!). We explained why collective actions are essential to women workers’ claims under the Equal Pay Act (EPA), an amendment to the FLSA, and why the way the district court handled the case was appropriate. Read more »