(4) As used in this subsection, the term 'labor organization' means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.ĪDDITIONAL PROVISIONS OF EQUAL PAY ACT OF 1963

(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). EDITOR'S NOTE: The following is the text of the Equal Pay Act of 1963 (Pub.

Equal pay act