Equal Pay Disputes in Kentucky

The Equal Pay Act (“EPA”) requires that men and women receive the same pay for work that is considered equal work. Equal work is work that requires equal skill, equal effort, and equal responsibilities. The work must also be performed under similar working conditions. The Supreme Court held that the jobs do not have to be the exact same, but the work do have to be substantially equal.

The main defense for an EPA claim by the employer is that the pay difference was because of a factor other than the sex of the employees. The employer will say something like, the employee with higher pay is a harder worker.

The employee must show that he or she is being paid unequally to someone from the opposite sex. This pay disparity must be occurring in the same establishment.

If you think your rights have been violated, contact Ryan Employment Law. We can answer your questions and determine the best solution for protecting your employment rights.

Kentucky has a law that bans unequal wages based on gender for comparable work. Like the federal EPA, Kentucky's EPA prohibits unequal pay for comparable jobs with to skill, effort and responsibility. This law applies to most Kentucky employers with at least two employees.

This law also says that an employer may not reduce the pay  of an employee to equalize payment between genders.. An employer retaliate against anyone exercising rights under this law or cooperating in any claim under the law.

The commissioner of the Department of Workplace Standards, which reports to the state labor secretary, enforces Kentucky’s Equal Pay Act. The commissioner has the power to investigate a covered employer for violations of the Act.

If there’s a willful violation of the law, an employee may recover additional damages to the unpaid wages. An employer also may not  retaliate against anyone exercising rights under this law or cooperating in any claim under the law. The court may also grant additional relief.

Different pay amounts that do not discriminate on the basis of sex are acceptable if:

• A seniority system.
• A merit increase system.