This article has been written by Naresh Kumar TV, pursuing a Diploma in US Tax Compliance and Paralegal Work from LawSikho and edited by Shashwat Kaushik.
It has been published by Rachit Garg.
Table of Contents
Introduction
The Fair Labour Standards Act of 1938 and the Equal Pay Act of 1963 were established by the United States of America. This Fair Labour Standard Act has been known for its significant development in areas like minimum wages to be provided for labour, overtime pay for work that is done by labour, and the rights of child labour and its absolution. Due to this Act, there was a well-improved right to labour in and around the United States of America. These Acts gave the required regulations to the employers, who did not have a basic understanding of the labourers who worked for them and, in turn, earned profits exploiting them. These Acts particularly spoke about the rights of the labourers, who, in accordance with the earlier time specified, did not theoretically have a conscience. The equal pay for equal work disregard of gender was the key essential for the success of FLSA Act. Coming to the Equal Pay Act of 1963, this Act came after 23 years of the FLSA Act, which made a difference from its previous act (FLSA Act). This Act brought about amendments that the FLSA Act failed to comply with between the labourers. Equal pay for equal work, regardless of their gender, was the vital significance of this Act. This Act paved the way for the prohibition of sex-based pay for the labourers who intended to augment the equal energy, effort, and skills that were required to comply with the work given to them. The FLSA and EPA are different sides of the same coin but they addressed issues to their maximum. The FLSA made an effort to categorise a wide area of problems that were faced by the labourers, whereas the EPA made an effort only to abolish discrimination at the workplace and made a fair deal in giving compensation to those who suffered gender inequality.
Fair Labour Standard Act and its significance
The Fair Labour Standard Act is a Federal Law that originally originated in the United States of America. It established the various areas of difficulty the labourers faced. It was conferred by the Wage and Hour Division of the United States Department of Labour. The following is the basic ideology that the Act brought to the past and the present labour changes that we follow even today and in the future.
“Had we lived, I should have had a tale to tell of the Hardihood endurance and courage of my companions which would have stirred the heart of every Englishman. These rough notes and our dead bodies must tell the tale, but surely, surely, a great rich country like ours will see that those who are dependent on us are properly provided for.”
These words from Robert Falcon Scott provide for the sufferings of the officers and labourers before this Act was enacted in the United States and its allied states of America.
Minimum Wage
The minimum wage is the concept of giving a labourer a basic guarantee and assurance that for the work done and how much work he has put in, there will be an amount that will satisfy his needs and wants. Even if his/her comfort and luxury wants are not satisfied, he can expect necessities that will be fulfilled in accordance with his metes and bounds.
Overtime pay
Overtime pay means that if the labourer works an extra 40 hours per week, the employer is bound to pay an extra amount of pay for the work done in excess. This Act provides that the pay must be one and a half times more than the regular pay that the labour receives as his consideration amount.
Child labour Â
This Act provides social as well as physical security for children. Children are the future building blocks of society. So it is essential to provide for the minimum age requirements to work as a child in a workplace. As a child, this Act prohibits that child from doing hazardous work, and it also does not allow dangerous work to be done. The key feature is that it sets criteria and limits for the hours of work done by the children.
Exemptions and penal charges
This Act exempts white collar employees and high-level paid jobs, etc., which require a lot of skill sets, and it also contains penal charges for employers who do not authenticate with this Code.
The hindrance that this law faced was that it was amended so many times. It failed to address the issue in the first instance and there were many due diligence requirements for the attorneys to address in this Act.
Equal Pay Act, 1963 and its significance
The Equal Pay Act focuses on gender discrimination to be abolished, and it is enforced and enacted by the Equal Employment Opportunity Commission, which is known as the EEOC. It is effective against illegal discrimination. It also perjures if the discriminations are against persons’ race, colour, religion, sex, national origin, age, disability, or genetic information and it should condone all these circumstances and make them feel safer for their hard work put inside of an employer.
The EPA requires and authenticates that both men and women should be given equal pay regardless of their gender.
Equal pay for equal work done
Equal pay of wages must be given to the persons regardless of their gender if they specifically do substantiate work; if the work is required to be done, it should be done partially or equally by both genders and credit must be given to them by way of consideration, which is to be given again equally on the basis of gender equality.
Scope of FLSA and EPA
The Scope of FLSA and EPA is large but it also faces difficulties in bringing them down to the underground level. The FLSA and EPA are the acts that are mainly to abolish gender discrimination but there are also challenges in them; they are listed below
Enforcement challenges
To prove there is discrimination in regards to the employer, it is difficult because women may do a lot of mind work, whereas men may tend to do physical work more than women, so instances may prove that men do a lot more hard work than women. So no penal charges may be made against the employer for providing more consideration to the men or vice versa.
Limited scope
These Acts alone cannot abolish the inequality that exists; it should start with the conscience of each employer who is ready to give an equal wage in accordance with the effort they put towards his/her development, excluding their labour needs.
Occupational differences
The labourers towards their skill must be given wages or pay not by their gender but because men and women aren’t physically equal in size or work made indifferent. So according to their criteria, the position or skill they acquire must be given valuable consideration before any consideration is made towards them.
Relevant case law
A significant case related to the EPA is the landmark decision of Ledbetter vs. Goodyear Tire & Rubber Co. (2007). In this case, Lilly Ledbetter, an employee of Goodyear, filed a lawsuit alleging gender-based wage discrimination. Ledbetter claimed that she had received lower pay than her male counterparts for many years.
The United States Supreme Court, in a 5-4 decision, ruled against Ledbetter. The Court held that Ledbetters’ claim was time-barred because she had filed her complaint more than 180 days after the alleged discriminatory compensation decision was made. The Court’s’ Interpretation of the statute of limitations under the EPA limited the scope for employees to seek remedies for past wage discrimination.
Following this decision, there was a significant public outcry, leading to the passing of the Lilly Ledbetter Fair Pay Act in 2009. This law overturned the Supreme Court’s decision and clarified that each paycheck affected by discriminatory compensation constitutes a separate violation under the EPA, thereby extending the statute of limitations for filing a claim.
Conclusion
The FLSA and EPA were not easy to enact and after enactment, there were serious amounts of amendments due to the changing labour practises that happened. There were changes in the relationship between the employer and the labour force. For instance, in ancient times, the labourers were treated as slaves, whereas after the present date, the employees or labourers are treated with dignity and given equal pay for equal work. As far as these laws are concerned, they are essential for the day to day practises of labourers. Through these Acts, equality is retained for labourers. Overall, the FLSA and EPA played a vital role in today’s laws and i conclude by stating these acts continue by stating the on going young labourers suffering and sculpting them to somehow become efficient persons of tomorrow’s economy.
References
- https://www.supremecourt.gov
- https://www.eeoc.gov/statutes/equal-pay-act-1963
- 100 Great Modern Lives – John Canning
- https://nwlc.org/resource/lilly-ledbetter-fair-pay-act/
- https://www.investopedia.com/equal-pay-act-1963-5207271Â
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