Equal Pay Act
Coverage
Private Employers. Since the Equal pay Act is an amendment to the Fair Labor Standards Act, the same complicated coverage factors apply. Generally, an enterprise that has two (2) or more employees engaged in interstate commerce, or in the production of goods for interstate commerce, or in handling or otherwise working on goods or materials that have moved in or were produced for interstate commerce, is covered with respect to all employees. This includes employees who do not handle interstate goods and employees subject to white-collar exemptions.
Two tests are relevant in determining coverage under the Equal Pay Act. The "nature of the employee's work" test provides for coverage when employees are engaged directly in commerce or in the production of goods for commerce. The "nature of the employer's work" test is used to ascertain enterprise coverage based on the dollar volume of the employer's business.
Several exemptions exist under the Act. Included are exemptions for businesses involved in agriculture, agricultural processing, and fishing and shrimping operations.
Public Employers. The 1974 amendments to the FLA provided for coverage of federal, state, and local employers. In light of the Supreme Court's recent holding in Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528 (1985), there seems to be little doubt as to the enforceability of these amendments.
The Act also applies to labor organizations that "cause or attempt to cause an employer to discriminate against an employee in violation of [the Act]."