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 Equal Pay Act - The Equal Pay Act of 1963 obligates employers to provide equal pay for men and women who perform "equal work", unless the difference in pay is based upon seniority, merit system or some other objective factor other than sex. Equal work is not identical work, but, rather, that which is substantially similar. The Act applies to any employer engaged in commerce which is as simple as providing any product and/or service. Wages include "total compensation" and not merely that of monetary compensation. Thus, for purposes of the Act, "total compensation" includes items such as: health insurance, vacation, sick leave, bonuses and any other benefit which has a quantifiable monetary value will be included when comparing "wages."
An aggrieved employee may recover back pay for up to two years or up to three years if the employer's violation was willful. In addition to the difference in salary between the two positions that require equal work, an aggrieved employee may be entitled to liquidated damages in an amount equal to the back pay liability.
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