Equal Pay Act

It’s been fifty years since the Equal Pay Act of 1963 made clear that women should receive equal pay for equal work, but women are still paid less than men in nearly every occupation.

And because employee salaries are often kept secret, it is difficult for women to find out when they are being paid less than their male colleagues, and therefore difficult to challenge pay discrepancies. In fact, over 61 percent of private-sector employees report that discussing wages is either prohibited or discouraged by their employers. Employer policies and practices that prevent workers from discussing their pay mean that a woman worker could be paid less year after year than the man across the hall doing her same job and never know it.

One week ago today, New Jersey took a huge step toward solving this problem when Chris Christie signed into law a bill prohibiting retaliation against employees who disclose salary information for the purpose of investigating whether pay decisions are being made unfairly. Effective immediately, the new law prohibits employer retaliation against employees for discussing information such as job title, occupational category, rate of compensation, and employee benefits. Read more »

This might be difficult, but try, for a minute, to imagine Congress as a group of artisans – glass blowers, perhaps – who must use their breath to shape the world we live in. Actually, that shouldn’t be too difficult. They may not be artistically inclined (or maybe they are) but obviously, Congress is in the business of shaping our lives through debate (aka their breath) and legislative action.

Today marks the 50^th Anniversary of the Equal Pay Act, yet Congress has apparently forgotten the importance of using its power for positive change. Read more »

Too many managers today still bring a 1950s mindset to the 21st century workplace. In the 50s and early 60s, shows like Leave it to Beaver taught Americans that “a woman’s place is in the home and I guess as long she’s in the home she might as well be in the kitchen.” Seriously, that comes straight from the mouth of The Beav and Wally’s dad. Check it out:

In fact, the ‘men bring home the bacon/women fry it up in the pan’ trope wasn’t even true in 1963 when the Equal Pay Act became law – 37% of women were in the labor force back then. (Coincidentally 1963 is the same year that Leave it to Beaver’s run ended.)

But it wasn’t until the 1970s that women in professional jobs were shown on t.v. When Mary Rhodes (a.k.a. Mary Tyler Moore) found out she was being paid A LOT less than her male predecessor in her t.v. news producer’s job, she was furious. She confronted her boss, Lou. He admitted Mary was better at her job than the guy paid more, but tried to justify his higher salary on the grounds that he had a family to support. Mary told Lou: by that logic you’d be paying single guys less too, but you don’t! Mary was quick on her feet. Read more »

Next month is the 50th Anniversary of the Equal Pay Act. And this week Vermont is showing policymakers around the country the best way to mark that day: fixing the equal pay laws. Vermont’s governor has signed a new, comprehensive equal pay law that targets a range of factors that contribute to the wage gap.

The new law takes care of some of the loop holes in Vermont’s equal pay statute, requiring that employers must have business reasons for paying workers unequal wages.

It also improves the process for ensuring that state government contractors are paying fair wages. And it goes after the pay penalty paid by mothers as well – it provides protections for new mothers who must express breast milk for their babies at work and includes protections for employees who request flexible work arrangements. It also sets the stage for a future paid family leave law in Vermont.  

Finally, it importantly bans retaliation against employees who talk about their wages. Read more »

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 »