在工作中有许多法律管理employers and employees. You need to be sure you are in compliance with federal and state laws at all times as a small business owner. One prominent issue today is equal pay between men and women. Federal law and equal pay laws by state aim to protect against discrimination in the workplace.
The median annual pay of full-time working women was only80 cents for each dollara man working full-time earned in 2016. Despite the Equal Pay Act of 1963, there are continuing reports of discrimination in the workplace. To combat this, many states have passed or are attempting to pass equal pay laws.
同等薪酬法
So, what is the Equal Pay Act?1963年《平等薪酬法》（EPA）is federal legislation that aims to prevent pay discrimination based on sex. Employers are not allowed to pay men and women who perform the same job different wages.
Employers cannot pay unequal wages to women and men for jobs that require equal skill, effort, and responsibility and are performed under similar working conditions at the same establishment.
Differences between employee pay rates are only allowable due to something unrelated to an employee’s sex, like seniority, merit, and quantity or quality of production.
Under the Equal Pay Act, an employer paying employees unfair amounts must adjust the wages. Employers cannot decrease the wages of the employee with the higher pay. Instead, an employer must increase the wages of the employee with the lower pay.
EPA是公平劳工标准法。《公平劳工标准法》（FLSA）还通过minimum wageandovertime laws。
Other laws established to eliminate discrimination in the workplace include:
- Civil Rights Act of 1964(race)
- 1967年《就业法案的年龄歧视》（年龄）
- Title I of the Americans with Disabilities Act of 1990（残疾）
同等薪酬法律
Some states have expanded the laws of the Equal Pay Act of 1963 through state legislation. The majority of states have their own equal pay laws that either emphasize or add to federal legislation.
California, New York, and Maryland have made recent amendments to their equal pay laws. Take a look at how these states expanded their equal pay legislation.
California
TheCalifornia Fair Pay Act (SB 358)2015年10月签署成为法律。这个法案的扩张nds and strengthens the already existing California Equal Pay Act.
The California Fair Pay Act states that employees do not need to work at the same location to have comparable jobs. For example, an employee working at John’s Office Bureau on 6th Street should receive the same wages as an employee working at John’s Office Bureau on Smith Road if they perform the same job.
而且，该法案使雇主更难声称自己的差异工资不是因为歧视。
Another addition to the existing equal pay law is that employees can discuss their wages with other employees. This helps employees gaugeinternal equityand see if they are being paid fairly. Also, employees can take legal action against discrimination without fear of employer retaliation.
Under the act, employers need to maintain employee工资记录for three years.
New York
New York’s Achieve Pay Equity bill passed in October 2015, shortly after California’s act. The law allows employees to discuss their wages with other employees.
Employers are required to pay employees the same wages if they work similar jobs at different locations within the same county (e.g., if there is more than one business branch).
如果被判有罪，受歧视的员工将获得巨额损害赔偿。
Employers are required to prove how they set their wages if two employees receive different rates of pay. And, employers can only set different wages based on education, training, or experience.
Maryland
马里兰州Equal Pay for Equal Work Act法律于2016年5月通过。将保护和细节例外扩展到不平等的薪水。根据马里兰州的扩大法律，员工可以与同事们谈论自己的工资。
马里兰州act also protects individuals who identify as a different gender. And, employers cannot assign an employee to a lower-status job based on sex. Employees at different business locations in the same county (not just the same building) must receive equal pay for comparable jobs.
The law also lets employers pay employees different wages by measuring performance. And, an employee can allege discrimination.
Employers in Maryland are required to keep the following records for all employees: wages, job classifications, and conditions of employment.
国家平等法律
Most states have some form of equal pay laws. However, California, New York, and Maryland are the three states to expand their definitions, put a heavier burden on employers to follow the act, and allow employees to discuss their paychecks with other employees.
这是各州关于平等工作均值的规定图表。在某些州，这些规定仅适用于拥有一定数量的雇员或类型的雇主。这些状态标有星号。有关更多信息，请访问National Conference of State Legislatures(NCSL).
| State | 规定 |
|---|---|
| Alabama | 没有任何。 |
| Alaska | 雇主不能为在同一地区的同一行动，业务或类型的工作中付出比男性少的男性支付。 |
| Arizona | Employees doing the same quantity and quality of the same type of work in the same establishment must be paid equally regardless of sex. And, employers are liable for damages. |
| Arkansas | 女性必须获得与男性相同的薪水进行可比的工作。而且，雇主应对损害赔偿责任。 |
| California | 雇主不能向任何雇员支付少于向异性雇员支付的类似工作的雇员的费用。而且，员工可以起诉损害赔偿。 |
| Colorado | Employers cannot pay employees less based on sex. And, employers are liable for damages. |
| 康涅狄格州 | Differences in pay based on sex is considered discrimination. Employers are liable for damages. |
| Delaware | 完成需要相同技能，努力，责任和工作条件的工作的薪水不能支付不同的薪水。而且，员工可以起诉损害赔偿。 |
| D.C. | General law that prevents wage discrimination based on protected class status (race, sex, age, etc.). |
| 佛罗里达* | 雇主不能通过为需要相同技能，努力，责任和工作条件的工作支付不同的工资来歧视性。而且，员工可以起诉损害赔偿。 |
| Georgia* | 雇主不能通过为需要相同技能，努力，责任和工作条件的工作支付不同的工资来歧视性。而且，员工可以起诉损害赔偿。 |
| Hawaii | 雇主不能通过为需要相同技能，努力，责任和工作条件的工作支付不同的工资来歧视性。而且，员工可以起诉损害赔偿。 |
| Idaho | 雇主不能通过为需要相同技能，努力，责任和工作条件的工作支付不同的工资来歧视性。而且，员工可以起诉损害赔偿。 |
| Illinois* | 雇主不能通过为需要相同技能，努力，责任和工作条件的工作支付不同的工资来歧视性。而且，员工可以起诉损害赔偿。Women and minors cannot be employed at an oppressive or unreasonable wage rate. |
| Indiana* | 雇主不能通过为需要相同技能，努力，责任和工作条件的工作支付不同的工资来歧视性。而且，员工可以起诉损害赔偿。 |
| Iowa | 雇主不能通过与从事同样工作的人相比，由于年龄，种族，信条，颜色，性别，性取向，性别认同，性别认同，国籍，宗教或残疾而歧视雇员。而且，员工可以起诉损害赔偿。 |
| Kansas | Employers with employees of both sexes can’t discriminate by paying a different pay rate for equal work in the same establishment. And, employers are liable for damages. |
| Kentucky* | 雇主不能通过向与其他雇员相同的工作（技能，努力和责任）的雇员支付较低的费率来歧视性。而且，雇主应对损害赔偿责任。 |
| Louisiana* | Employers cannot discriminate based on sex by paying less wages. And, employers are liable for damages. |
| Maine | 雇主不能通过为需要相同技能，努力和责任的工作支付不同的工资来歧视性。 |
| Maryland | 雇主不能通过为在同一机构的技能，努力和责任方面的工作支付不同的工作来基于性别来区分。 |
| 马萨诸塞州 | Employers cannot discriminate based on gender by paying different wages to people of comparable jobs. And, employers are liable for damages. |
| 密歇根州* | 如果工作有同等的工作，则与男性和女性工人的雇主都会根据工资进行歧视。而且，员工可以起诉损害赔偿。 |
| Minnesota* | 雇主不能通过为需要相同技能，努力，责任和工作条件的工作支付不同的工资来歧视性。而且，员工可以起诉损害赔偿。 |
| Mississippi | 没有任何。 |
| Missouri | 雇主不能以相同的工作分类的相同数量和质量支付女性的薪水少于男性。而且，雇主应对损害赔偿责任。 |
| Montana | 州，县，市政实体，学区，公共或私人公司，个人或公司不能为同一行业，学校，建立，办公室或同一服务，数额或工作类别支付女工的少于男性的薪水任何形式的就业地点。 |
| Nebraska* | Employers can’t discriminate based on sex by paying different wages for equal work. And, employees can sue for damages. |
| Nevada | Employers cannot discriminate based on sex by paying lower wages to an employee of the opposite sex who performs equal work at the same establishment. |
| New Hampshire | Employers cannot discriminate by paying different wages based on sex. And, employers are liable for damages. |
| New Jersey | Employers can’t discriminate based on sex by paying different wages for similar jobs. And, employees can sue for damages. |
| New Mexico* | 雇主不能通过在同一机构中根据性别进行平等工作的性别支付更少的工资来歧视雇员。而且，雇主应对损害赔偿责任。 |
| New York* | Employees cannot receive a less wage rate than another employee for equal work that requires the same skill, effort, responsibility, and similar working conditions. Employers are liable for damages. |
| North Carolina | 没有任何。 |
| North Dakota | 雇主不能通过为需要相同技能，努力和责任的工作支付不同的工资来歧视性。而且，员工可以起诉损害赔偿。 |
| Ohio | Employers, including state and political, cannot discriminate based on race, color, religion, sex, age, national origin, or ancestry by paying less wages for equal work. And, employers are liable for damages. |
| Oklahoma* | 雇主不能通过为需要相同技能，努力和责任的工作支付不同的工资来歧视性。 |
| 俄勒冈州 | Employers cannot discriminate between sexes by paying less wages for work of comparable character that requires comparable skills. And, employees can sue for damages. |
| Pennsylvania | Employers cannot discriminate between employees based on sex by paying different wages at the same establishment. And, employees can sue for damages. |
| Rhode Island | Employers can’t discriminate between sexes by paying female employees less than male employees for equal work or work on the same operations. And, employees can sue for damages. |
| 南卡罗来纳 | No equal pay law, but employers cannot discriminate by different wages based on protected class status. |
| South Dakota | Employers cannot discriminate based on sex by paying less wages to employees for comparable work on jobs with comparable skill, effort, and responsibility. And, employers are liable for damages. |
| Tennessee | Employers cannot discriminate based on sex by paying different wages for comparable work on jobs with comparable skill, effort, and responsibility. And, employers are liable for damages. |
| Texas* | In public employment, employers cannot discriminate based on sex by paying less wages. |
| Utah | 没有平等的薪酬法，但是雇主不能通过付出不同的工资来基于颜色，性别，种族，报复，怀孕，年龄，宗教，民族，残疾，性取向或性别认同来歧视。 |
| Vermont | 根据一般就业歧视法，雇主不能通过支付不同的工资来基于性别歧视。而且，员工可以起诉损害赔偿。 |
| 弗吉尼亚 | Employers cannot discriminate based on sex by paying different wages in the same establishment for equal work. And, employees can sue for damages. |
| Washington | Employers with both male and female employees cannot pay a female less than a male with similar employment, or they will be guilty of a misdemeanor. And, employees can sue for damages. |
| West Virginia* | 私人雇主无法区分给迪fferent wages for similar jobs. And, employees can sue for damages. |
| Wisconsin | No equal pay law, but the general employment discrimination law prohibits wage discrimination based on sex. |
| Wyoming | Employers cannot discriminate based on gender by paying different wages for equal work in the same establishment. And, employers are liable for damages. |
Why compliance is important
遵守《同等薪酬法》和按国家按同等薪酬法律非常重要。违反同等薪酬法可以使您陷入诉讼。如果您以不同的方式向员工付款，则需要证明自己的工资差异（例如经验或教育）的理由。
声称违反《平等薪酬法》的雇员在诉讼之前不需要向平等就业机会委员会（EEOC）提交。如果员工看到违反EPA的薪酬差异，他们将有两年的时间去法庭并提起指控。
How to comply with equal pay laws
To stay compliant with equal employment opportunity (EEO) laws, be sure you have justification for differential pay between employees. If you have two employees of different sexes doing the same job but receiving different pay, the wages must be because of experience, education, or seniority.
Keep records for at least three years that detail employee wages, job descriptions, and reasoning for compensation amounts. Remaining compliant withEEO responsibilitiescould save you a considerable headache.
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This is not intended as legal advice; for more information, pleaseclick here.