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What Is the Equal Pay Act

The Equal Pay Act (EPA) of 1963 is a foundational U.S. labor law that prohibits wage discrimination based on sex. It requires that men and women receive equal pay for performing substantially equal work in the same workplace. The EPA applies across compensation types—wages, bonuses, benefits, and more—and covers both public and private sector employers.

Why was the Equal Pay Act created?

Introduced as an amendment to the Fair Labor Standards Act, the EPA was designed to combat systemic wage disparities disadvantaging women in the workforce. By mandating equal pay for equal work, the law promotes fairness, strengthens the labor market, and reduces conflicts arising from compensation practices.

What are the core provisions of the Equal Pay Act?

The EPA defines key criteria for compliance:

  • Equal work: Jobs must involve substantially equal skill, effort, and responsibility under similar working conditions.
  • Compensation types: Includes salary, overtime, bonuses, stock options, benefits, and other financial rewards.
  • Permissible pay differentials: Pay may vary if based on seniority, merit, quantity or quality of production, or other factors unrelated to sex.

What does the Equal Pay Act mean for employees?

For workers, the EPA safeguards economic fairness and career progression:

  • Fair pay for equal effort: Employees doing the same job should be compensated equally, regardless of sex.
  • Improved economic stability: Pay equity boosts financial well-being and long-term wealth-building potential.
  • Stronger workplace trust: When compensation is  transparent and unbiased, it fosters a culture of respect and engagement.
  • Legal protections: Employees have the right to challenge unequal pay and seek redress through legal avenues, including back pay and damages.

How does the Equal Pay Act help employers?

Organizations that adhere to the EPA benefit in multiple ways:

  • Attracting top talent: Transparent, equitable pay practices appeal to a broader talent pool.
  • Reducing turnover: Fair pay helps retain skilled workers and avoids morale issues.
  • Lowering legal and reputational risk: Proactive compliance reduces exposure to lawsuits and negative publicity.
  • Supporting strategic performance: Fair compensation practices improve alignment between employee contributions and business objectives.

What happens if an employer violates the Equal Pay Act?

Failing to comply with the EPA can lead to:

  • Litigation and legal liability: Affected employees can pursue legal action without prior EEOC involvement.
  • Financial penalties: Employers may owe back pay, damages, attorney’s fees, and, in cases of willful violation, face an extended statute of limitations.
  • Reputational harm: Public disclosure of discriminatory practices can damage employer brand and stakeholder trust.
  • Operational disruptions: Noncompliance can result in internal conflict, turnover, and greater regulatory scrutiny.

How can employers ensure Equal Pay Act compliance?

Meeting the requirements of the EPA means building fair, structured pay systems:

  • Conduct regular pay audits: Assess wage data by role and gender to identify pay disparities.
  • Define and communicate compensation criteria: Use consistent guidelines for merit, tenure, and performance-based rewards, and communicate them clearly.
  • Document pay decisions: Keep clear records explaining the rationale behind each compensation action.
  • Train decision-makers: Educate HR and managers on equitable pay practices and legal obligations.

What is the difference between the Equal Pay Act and the Civil Rights Act?

While the EPA addresses sex-based wage discrimination, Title VII of the Civil Rights Act of 1964 prohibits discrimination in all employment practices—including hiring, promotions, and pay—based on race, color, religion, sex, or national origin. Both laws are enforced by the Equal Employment Opportunity Commission (EEOC).

What is the current state of the gender pay gap?

As of 2024, U.S. women working full-time earned approximately 85 cents for every dollar earned by men. Among women aged 25–34, the gap was narrower at 95 cents. However, the gap remains wider for women of color: Black women earned 66 cents and Hispanic women 58 cents compared to white, non-Hispanic men. These disparities highlight the ongoing importance of legal frameworks like the EPA.

What role do compensation systems play in EPA compliance?

Technology plays a critical role in implementing fair pay practices at scale. A SaaS-based compensation platform like beqom can support EPA compliance in several key ways:

  • Centralized data management: Consolidates pay data across roles and regions for consistent analysis.
  • Automated pay equity audits: Enables regular reviews of compensation by gender and other demographic factors.
  • Standardized compensation structures: Helps organizations apply consistent rules for promotions, merit increases, and bonuses.
  • Scenario modeling: Allows testing of compensation changes before implementation to avoid introducing inequities.
  • Audit trails: Maintains defensible records of salary decisions, adjustments, and justifications.

How do you evaluate compliance with the Equal Pay Act?

Indicators of compliance include:

  • Regular monitoring of pay equity metrics.
  • Narrow or fully justified wage differences among employees in comparable roles.
  • A system in place for responding to internal or external pay equity concerns.

What are best practices for maintaining Equal Pay Act compliance?

Organizations should adopt proactive strategies:

  • Conduct annual compensation reviews using pay equity software.
  • Apply structured compensation frameworks with defined salary bands.
  • Document and justify pay decisions.
  • Communicate openly with employees about compensation principles.
  • Align pay practices with broader talent goals.

Frequently asked questions (FAQs) about the Equal Pay Act

  1. What qualifies as equal work?
    Jobs requiring substantially equal skill, effort, and responsibility performed under similar conditions qualify as equal work.
  2. Are any pay differences allowed?
    Yes, if they are based on performance, experience, seniority, or other non-sex-based criteria.
  3. Who enforces the EPA?
    The Equal Employment Opportunity Commission (EEOC) is responsible for enforcement.
  4. Can the EPA be enforced outside the United States?
    No, the EPA is a U.S. law. However, many countries in Europe and beyond have similar equal pay legislation.
  5. How does the EPA relate to pay transparency laws?
    The EPA laid the groundwork for equal pay principles. Pay transparency laws expand on these by requiring disclosure of salary ranges and pay reporting.
  6. Is equal pay considered a human right?
    Yes. International labor frameworks—including the ILO’s Equal Remuneration Convention—recognize equal pay as a fundamental human right.

Summary

The Equal Pay Act of 1963 remains a cornerstone of workplace equity in the United States. It mandates equal compensation for equal work regardless of sex, helping to close the wage gap and promote a fairer economy. Organizations that invest in transparent, data-driven compensation systems are best positioned to meet both regulatory expectations and employee expectations around fairness and inclusion.

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A

  • Absolute commission plan

    Pays based on accomplishing specific activities or milestones; does not involve a quota. For example, a rep might be paid $500 for each sale of Product X, or $100 for each net new customer contract.

  • Accelerator

    Increase in the commission rate for higher attainment levels. For example, commission rate might be 3% on the first 200k of revenue, 4% on the next 200k, then 5% for everything over 400k. Or can be based on quota attainment, for example, 3% up to 80% of quota, 4% from 81-120% of quota, and 5% over 120% of quota. Also known as a "kicker".

  • Accruals

    Amounts to be held in reserve to pay expected future compensation that will be due and payable at specific points in time. This is important for the Finance group in their financial planning and reporting, as it represents a liability and has an impact on cash flow. A compensation system should be able to forecast needed accrual amounts.

  • Annual review

    A performance review which is performed on each anniversary of an employee's hire date, and may be tied to a pay increase. See also Focal Point Review.

  • API integration

    Application Programming Interface; refers to a connector between two software applications that allows them to communicate with each other and send data back and forth. A compensation application may provide APIs to communicate with other systems such as HR, CRM, ERP, etc.

  • Approvals

    Many compensation processes require review and acceptance of pay decisions. These approvals may follow a simple reporting hierarchy, or may be more complex if there are matrixed responsibilities where multiple approvers need to sign off on a pay decision. Approvals (and rejections), along with any reason codes or commentary, should be recorded and tracked in a traceable way to allow for auditing and compliance.

  • Artificial Intelligence (AI)

    A computer technology, often used in conjunction with Machine Learning, that can analyze massive amounts of information and be used to support compensation tasks like establishing localized pay scales, ensuring pay equity, removing bias from compensation decisions, predicting performance, optimizing costs, and improving the employee experience, among others. Use of AI-driven compensation technology can mitigate the risk of employee turnover. (See also Machine Learning.)

  • ASC 606

    Revenue recognition rule by the US Financial Accounting Standards Board (FASB), with a similar rule (IFRS 15) being issued by the International Accounting Standards Board (IASB), dealing with revenue for contracted goods or services that are delivered over time, such as software subscriptions. In dealing with the complexities brought about by these time-based revenue recognition rules an automated system can greatly reduce administrative time and effort while improving accuracy.

  • Attainment

    The degree to which a measurable target or quota has been achieved, expressed as a percentage. Often a factor in sales incentive or bonus calculations.

B

  • Base rate

    Wages paid for work for a specified amount of time, usually expressed as an hourly rate. Does not include overtime or incentives.

  • Base salary

    The fixed portion of an employee’s compensation, usually expressed as an annualized amount in compensation planning and analysis.

  • Benchmarking

    Comparing job descriptions and/or pay scales to standards for a given industry and/or market, to help determine fair and competitive pay rates. Benchmark information can come from a variety of providers who conduct salary surveys. The median pay for a given job can be used to calculate a compa ratio.

  • Benefits

    Non-wage compensation, such as health insurance, paid time off, retirement plans, wellness programs, and other considerations that add value to an employee's compensation package, and aid in attracting and retaining talent.

  • Bonus

    Variable cash compensation. May be discretionary (based on management discretion) or objectives-based (based on achievement of predefined objectives, actions, or production metrics), and may have components that are based on individual, team, and company goals. Generally paid on a fixed cycle, such as quarterly, half-yearly, or annual. The target bonus may be based on a fixed amount or a percentage of base pay.

  • Bottom-up budget

    A compensation budget that is developed by looking at the projected costs of paying the employees that are projected to be needed during the budgeted period, according to the proposed compensation plans, and aggregating those amounts to arrive at the total company compensation budget. Generally done at the department level and rolled up.

  • Budget allocations

    Compensation amounts allocated to individual departments. See "top-down," "bottom-up," and "zero-based" budgets.

  • Budget pools

    Designated amounts of money for a given unit or subunit that then may be allocated within that unit, for a given compensation process, such as salary merit increases, bonus payouts, or promotions.

C

  • Cap

    An upper limit on a commission that can be earned in a given period, typically expressed as a percentage of quota attainment. For example, if the cap is 120% and a rep achieves 140% of quota for the period, the rep will only be paid 120% of the commission target.

  • Carried interest or carry

    A form of performance bonus used in private equity and hedge funds, based on the firm's performance. It is typically a percentage of profits, but only paid above a certain rate of return (hurdle rate), and may have other restrictions and provisions.

  • Channel management

    The process of managing incentive compensation for external sales channels such as agents, agencies, and distributors. This requires accurate calculation of performance-based incentives due according to the contracts or incentive plans in place for each participant, and the timely and transparent payment and communication of the incentives.

  • Clawbacks

    Requiring return of compensation previously paid to an employee based on contractual provisions regarding fraud or misconduct or a future financial restatement or serious decline in performance. Most often used in the financial industry.

  • Commission earnings

    Pay that is earned from sales of a product or service in a given time period, based on the applicable commission plan(s), to be paid at a designated time. (See also Commission payments.)

  • Commission payments

    Payments of commissions earned. Normally at designated intervals such as monthly or quarterly. Earnings and payments need to be tracked separately to support deferred comp, retroactive adjustments/clawbacks, year-end true-ups, or different payment cycles for different plan components/targets. (See also Commission earnings.)

  • Commission plans

    A delineation of how commissions will be calculated and paid. There are many different plan structures, including Absolute, Relative, Straight-line, Tiered, Territory volume, Gross margin, and others.

  • Commission statements

    A report of the commissions earned by a sales rep during a given period. Statements should enable reps to see exactly how their commissions were calculated, including showing the underlying sales, how the sales were credited/split, and the commission rate applied.

  • Compa-ratio

    A ratio that indicates how a given salary compares to a standard. The standard may be the midpoint of the internal pay range for that job, or may be the median salary for the same job based on external market benchmarks determined from salary surveys. The compa-ratio is the salary being paid divided by the internal or external median salary. So if the salary is 125,000 and the range for the position is 100,000 to 130,000, the compa-ratio would be 125k/115k or 1.09.

  • Compensation

    The total financial and non-financial rewards an employee receives in exchange for work, including base salary, bonuses, incentives, equity, and benefits. Compensation is a key component of talent management, influencing motivation, retention, and organizational equity. Effective compensation management ensures fairness, compliance, and competitiveness, often requiring technology to manage complexity and support pay equity initiatives.

  • Compensation budgeting

    Determining the cost and distribution of all compensation elements. The two most common approaches are top-down and bottom-up. Another approach is zero-based budgeting. See the definitions of those terms.

  • Compensation cycle

    The process of planning and delivering compensation, generally consisting of evaluation, setup, recommendations, review & approval, communication, and payment. Also called a Compensation round.

  • Compensation cycle planning

    Planning for the complete compensation cycle, including designing compensation plans, running simulations, creating budgets, generating accruals, managing the review and approval processes, communication, and reporting.

  • Compensation forecasting

    Projecting the distribution and cost of compensation for a given time period. Often done quarterly, to provide Finance with up-to-date accruals. Your compensation system should enable you to take the latest performance forecasts and use them to generate an updated compensation spending forecast, using simulations to allow the performance assumptions and current compensation plans to calculate projected payouts.

  • Compensation management

    The strategic process of designing, administering, and optimizing employee pay structures to align with organizational goals, market conditions, and regulatory requirements. Effective compensation management ensures fairness, transparency, and motivation while minimizing compliance risks. Best practice involves leveraging dedicated compensation management technology to enhance accuracy, efficiency, and data-driven decision-making.

  • Compensation management software

    A specialized technology solution designed to streamline the planning, execution, and analysis of compensation programs, including salary structures, bonuses, incentives, and pay equity. By automating complex calculations, ensuring compliance, and providing data-driven insights, compensation management software enhances accuracy, efficiency, and transparency, supporting organizations in making equitable and strategic compensation decisions.

  • Compensation plan

    A structured framework outlining an organization’s approach to employee pay, including base salary, bonuses, incentives, and benefits. A well-designed compensation plan ensures internal equity, market competitiveness, and compliance. Managing complex compensation plans effectively often requires dedicated compensation technology to ensure accuracy, transparency, and alignment with business strategy.

  • Compensation planning

    The collaborative process of designing and budgeting employee compensation to align with business objectives, market trends, and regulatory requirements. It involves input from HR, finance, and business leaders to ensure fairness, competitiveness, and sustainability. Organizations with complex pay structures benefit from dedicated compensation management technology to enhance efficiency, compliance, and decision accuracy.

  • Compensation reporting & analysis

    The ability to produce the information needed by all stakeholders: employees, managers, HR, Finance, executives, the Board of Directors, auditors, and regulators. Reports ideally should be on demand via self-service for the appropriate audiences. Analysis should show compensation effectiveness, distribution, fairness, and discrepancies. Predictive analytics can use the company's data assets to spot trends, predict future performance, and proactively reduce risk.

  • Compensation round

    See Compensation cycle.

  • Compensation simulation

    Using compensation plans, together with performance assumptions about attainment of goals that drive variable pay, to estimate compensation spending and return on investment (ROI). A compensation management system should provide the ability to run accurate simulations based on varying what-if scenarios.

  • Compensation strategy

    A company's approach to using compensation to attract and retain talent, and drive the human performance needed to achieve company goals. Since company priorities and strategies may shift throughout the year, compensation strategy and execution should be able to adapt quickly to redirect behaviors in support of new directions.

  • Compensation transparency

    See Pay transparency.

  • Competency-based pay

    A compensation system that rewards based on an employee's skills and experience rather than their job title or position. Also known as skill-based and knowledge-based pay.

  • Contests

    Limited time special events with special rewards designed to provide motivation for achieving a particular short term objective. Rewards typically can be a prize, cash bonus, or points in a point system.

  • Crediting

    See Sales crediting.

D

  • Decelerator

    The opposite of an accelerator. Penalizes a rep for being under quota by applying a lower commission rate. See also Accelerator.

  • Deferred compensation

    Compensation, whether cash or equity, that is earned and accrued in the present but paid at a later date, such as a deferred bonus, deferred profit sharing, or stock plan. The future payment must be accrued for.

  • Deferred pay

    See Deferred compensation.

  • Deferred Profit-Sharing Plan (DPSP)

    An incentive plan in which eligible employees are awarded a payment based on a percentage of company profits during a given period of time, usually annually. In publicly traded companies this payment is often in the form of company stock. The amount distributed to each employee may be weighted according to the employee's base salary so that employees with higher salaries receive a greater amount of the shared pool of profits.

  • Discretionary bonus

    Bonus whose payment is subject to management decision as to whether and how much to pay; not based on predetermined criteria or performance objectives.

  • Draw (recoverable and non-recoverable)

    An advance payment against future commissions. A recoverable draw will be paid back by the sales rep when the commission is actually earned. A non-recoverable draw is not expected to be paid back; this typically would be used for new sales reps who realistically are not likely to earn commissions in the short term.

E