Recently added – certain computer employees o Also other exemptions by occupation • Nonexempt
o Included in FLSA regulations and have full protection of law o Child Labor FLSA restricts hours and conditions of employment for minors • Persons under 18 cannot work in hazardous jobs • Persons under 16 cannot be employed in jobs involving interstate commerce except for a parent or guardian Pay discrimination—access vs. valuation discrimination Pay Discrimination: What is it? o Law recognizes two types of discrimination Access discrimination—denies particular jobs, promotions, or training opportunities to qualified women or minorities Valuation discrimination—looks at pay women and men receive for the jobs they perform • It is discriminatory to pay minorities or women less than males when performing equal work: o Working side-by-side, in the same plant, doing the same work, producing the same results Equal Pay Act—skill, effort, responsibility, and working conditions; differences can be based on seniority, merit, etc. Provisions of Equal Pay Act o Equal work is defined in terms of Skill, effort, responsibility, and working conditions all performed at the same location o Differences in pay are legal if differences are based on any one of four “affirmative defenses” Seniority, merit or quality of performance, quality or quantity of production, or some factor other than sex • Factors other than sex o Shift differentials o Temporary assignments o Bona fide training programs o Differences based on ability, training, or experience o Other reasons of “business necessity” o Not permitted are defenses such as Union rules or the wage is the prevailing pay for market o Time of day does not constitute dissimilar working conditions However, if a differential for working at night is paid, it must be separated for base wage for job What is Discrimination under EPA?
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- Fall '12
- Management, Employment compensation, FLSA