Alex Does the Equal Pay Act apply to independent contractors?
The EPA applies to both male and female employees but does not apply to nonemployees, such as partners and independent contractors. “Wages” refers to all forms of compensation for employment, whether paid periodically or deferred until a later date, including salaries.
Does eeoc apply to contractors?
The U.S. Equal Employment Opportunity Commission notes that the anti-discrimination laws that it enforces don’t apply to independent contractors, as well as those working for employment agencies and in various other situations. The federal agency offers more guidelines here and on its website, eeoc.gov.
Who are the Equal Pay and compensation discrimination attorneys?
For more information about employment discrimination and equal pay contact Herrmann & Murphy, the employment law attorneys, at 704.940.6399 or 864.516.7526 or send us an email. Reach out for a consultation today.
When to file a charge under the Equal Pay Act?
If you plan to file a charge alleging a violation of the Equal Pay Act (which prohibits sex discrimination in wages and benefits), different deadlines apply. Under the Equal Pay Act, you don’t need to file a charge of discrimination with EEOC. Instead, you are allowed to go directly to court and file a lawsuit.
Can you sue an employer for pay discrimination?
Sue (file a lawsuit against) your employer for pay discrimination. Under the federal Equal Pay Act and the California Fair Pay Act, you can go straight to court. You are not required to first file a charge with a government agency.
Can you file a charge of discrimination with the EEOC?
Pub. L. No. 111-2, 123 Stat. 5 (2009) NOTE II: You are allowed to file an EEOC Charge of Discrimination for an EPA claim as well, but filing a charge with the EEOC does not extend the two-year time frame for filing an EPA lawsuit.
Can a contractor file a charge of discrimination?
If you are an employee or an applicant, and you believe you have been discriminated against at work, you should file a charge of discrimination. If, however, you are an “independent contractor” you may not be able to file a charge of discrimination.
Is there a law against pay discrimination based on sex?
Pay discrimination based on an employee’s membership in a protected category like race, disability, or sex, is prohibited by anti-discrimination laws. Relevant laws include Title VII, the ADA and ADEA, state anti-discrimination laws, and the Equal Pay Act which specifically addresses pay discrimination based on sex.
If you plan to file a charge alleging a violation of the Equal Pay Act (which prohibits sex discrimination in wages and benefits), different deadlines apply. Under the Equal Pay Act, you don’t need to file a charge of discrimination with EEOC. Instead, you are allowed to go directly to court and file a lawsuit.
When does pay discrimination occur in the workplace?
Pay discrimination also occurs when a difference in pay has an unlawful basis such as race or sex. Pay discrimination based on an employee’s membership in a protected category like race, disability, or sex, is prohibited by anti-discrimination laws.