[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1620.1]

[Page 308-309]
 
                             TITLE 29--LABOR
 
          CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
 
PART 1620_THE EQUAL PAY ACT--Table of Contents
 
Sec.  1620.1  Basic applicability of the Equal Pay Act.




Sec.  
1620.1 Basic applicability of the Equal Pay Act.
1620.2 General coverage of employees ``engaged in commerce.''
1620.3 General coverage of employees ``engaged in * * * the production 
          of goods for commerce.''
1620.4 ``Closely related'' and ``directly essential'' activities.
1620.5 What goods are considered as ``produced for commerce.''
1620.6 Coverage is not based on amount of covered activity.
1620.7 ``Enterprise'' coverage.
1620.8 ``Employer,'' ``employee,'' and ``employ'' defined.
1620.9 Meaning of ``establishment.''
1620.10 Meaning of ``wages.''
1620.11 Fringe benefits.
1620.12 Wage ``rate.''
1620.13 ``Equal Work''--What it means.
1620.14 Testing equality of jobs.
1620.15 Jobs requiring equal skill in performance.
1620.16 Jobs requiring equal effort in performance.
1620.17 Jobs requiring equal responsibility in performance.
1620.18 Jobs performed under similar working conditions.
1620.19 Equality of wages--application of the principle.
1620.20 Pay differentials claimed to be based on extra duties.
1620.21 Head of household.
1620.22 Employment cost not a ``factor other than sex.''
1620.23 Collective bargaining agreements not a defense.
1620.24 Time unit for determining violations.
1620.25 Equalization of rates.
1620.26 Red circle rates.
1620.27 Relationship to the Equal Pay Act to title VII of the Civil 
          Rights Act.
1620.28 Relationship to other equal pay laws.
1620.29 Relationship to other labor laws.
1620.30 Investigations and compliance assistance.
1620.31 Issuance of subpoenas.
1620.32 Recordkeeping requirements.
1620.33 Recovery of wages due; injunctions; penalties for willful 
          violations.
1620.34 Rules to be liberally construed.

    Authority: Sec.   1-19, 52 Stat. 1060, as amended; sec. 10, 61 Stat. 
84; Pub. L. 88-38, 77 Stat. 56 (29 U.S.C. 201 et seq.); sec. 1, Reorg. 
Plan No. 1 of 1978, 43 FR 19807; E.O. 12144, 44 FR 37193.

[[Page 309]]


    Source: 51 FR 29819, Aug. 20, 1986, unless otherwise noted.


    (a) Since the Equal Pay Act, 29 U.S.C. 206(d) (hereinafter referred 
to as the EPA), is a part of the Fair Labor Standards Act, 29 U.S.C. 
201, et seq. (hereinafter referred to as the FLSA), it has the same 
basic coverage as the FLSA with two principal exceptions:
    (1) The EPA applies to executive, administrative, and professional 
employees who are normally exempted from the FLSA for most purposes by 
section 13(a)(1) of that statute, and
    (2) The EPA covers all State and local government employees unless 
they are specifically exempted under section 3(e)(2)(C) of the FLSA.
    (b) The EPA does not apply where the employer has no employees who 
are engaged in commerce or in the handling of goods that have moved in 
commerce and the employer is not an enterprise engaged in commerce or in 
the production of goods for commerce.
    (c) Men are protected under the Act equally with women. While the 
EPA was motivated by concern for the weaker bargaining position of 
women, the Act by its express terms applies to both sexes.
    (d) Most employees of the United States Government, as described in 
section 3(e)(2) (A) and (B) of the FLSA, are covered by the EPA. 
Accordingly, these interpretations and principles may generally be 
applied to Federal sector employment.