There are no Federal “unfair pay laws” (or “unfair pay acts”) named as such, but the Federal laws briefly explained below protect workers from unfair pay practices in one way or another. So-called unfair pay laws (or fair pay laws) are generally referred to as discrimination laws or wage and hour laws.
Discrimination Laws Serving as Unfair Pay Laws
Age Discrimination in Employment Act of 1967
The ADEA prohibits most employers from discriminating against employees on the basis of age. It protects employees of age 40 or older from unfair pay and other questionable employment practices regarding age. See Age Discrimination for more information.
Americans with Disabilities Act of 1990
Title I of the ADA is an unfair pay law of sorts, in that it makes it illegal for most employers to discriminate against disabled workers in any aspect of employment on the basis of their disabilities. Except under specific circumstances regarding the minimum wage, employers may not pay disabled workers less than others simply because they are disabled.
For disabled workers employed by the Federal Government, the ADA antidiscrimination standards apply under Section 501 of the Rehabilitation Act. See Americans with Disabilities Act for more information.
Civil Rights Act of 1964
Title VII of the Civil Rights Act of 1964 prohibits most employers from discriminating against employees in any aspect of employment on the basis of race, color, religion, national origin or sex (gender). A common implementation of this Act as an unfair pay law is on the basis of gender, when employers pay more to men than women for performing the same job duties; but, the Equal Pay Act might better suit the purpose.
Equal Pay Act of 1963
The Equal Pay Act is more of an “unfair pay law” than any other Federal act (except for the Lilly Ledbetter Fair Pay Act explained below). It’s a discrimination law that amended the Fair Labor Standards Act of 1938, to prohibit employers from paying unequal wages to men and women for equal work.
Although it protects both genders, the Equal Pay Act was enacted mainly to stop employers from unfairly paying men more than women for the same work at the same place of employment. See Equal Pay for more information about this unfair pay law.
Lilly Ledbetter Fair Pay Act of 2009
If you’ve arrived at this article by searching the Web, then this is probably at least one of the unfair pay laws for which you were searching. This well-publicized Act greatly extended the statute of limitations for filing a wage discrimination charge and subsequent lawsuit against an employer.
Even though the Act’s namesake is that of a woman, Lilly Ledbetter, it better protects both male and female workers from wage discrimination, including those of color, those with disabilities and those of age 40 or older. For more information, see the blog post Obama Signs Lilly Ledbetter Fair Pay Act.
Wage and Hour Laws Serving as Unfair Pay Laws
Minimum Wage Law
The minimum wage law is an unfair pay law of sorts, that falls under the Fair Labor Standards Act of 1938 (FLSA). It requires most employers to pay at least the Federal minimum wage to eligible workers.
Overtime Pay Law
The overtime pay law too is an unfair pay law of sorts, that falls under the FLSA. It requires most employers to calculate overtime pay at a rate of at least 1.5 times regular wages, for eligible employees who work more than 40 hours in a workweek.
As indicated, the unfair pay laws explained above are at the Federal level. States are permitted to enact their own unfair pay laws of sorts that provide equal or better protections for workers than the Federal equivalents, as many states have. Lawsuits are typically easier to win under state laws and they often grant better rewards.
Consult a lawyer for legal advice about Federal or state so-called unfair pay laws.
