Under the EPA, the term “wages” generally includes all payments made to [or on behalf of] an employee as remuneration for employment. The term includes all forms of compensation irrespective of the time of payment, whether paid periodically or deferred until a later date, and whether called wages, salary, profit sharing, expense account, monthly minimum, bonus, uniform cleaning allowance, hotel accommodations, use of company car, gasoline allowance, or some other name. Fringe benefits are deemed to be remuneration for employment. “Wages” as used in the EPA (the purpose of which is to assure men and women equal remuneration for equal work) will therefore include payments which may not be counted under section 3(m) of the FLSA toward the minimum wage (the purpose of which is to assure employees a minimum amount of remuneration unconditionally available in cash or in board, lodging or other facilities). Similarly, the provisions of section 7(e) of the FLSA under which some payments may be excluded in computing an employee's “regular rate” of pay for purposes of section 7 do not authorize the exclusion of any such remuneration from the “wages” of an employee in applying the EPA. Thus, vacation and holiday pay, and premium payments for work on Saturdays, Sundays, holidays, regular days of rest or other days or hours in excess or outside of the employee's regular days or hours of work are deemed remuneration for employment and therefore wage payments that must be considered in applying the EPA, even though not a part of the employee's “regular rate.”
Notes of Decisions
Tracy Sempowich v. Tactile Sys. Tech., 19 F.4th 643 (4th Cir. 2021).
“” 29 C.F.R. § 1620.10 . As a result, the district court reasoned that “wages” must include commissions, and thus that the proper metric is to compare total wages.”
Jancey v. Sch. Comm., 421 Mass. 482 (Mass. 1995).
· cites it 2× “29 C.F.R § 1620.10 (1995). 10 The United States District Court for the Southern District of Georgia recently construed these definitions in Bertotti v.”
Prise v. Alderwoods Grp., Inc., 657 F. Supp. 2d 564 (W.D. Pa. 2009).
“) When annualized, Prise’s estimated commission rate, according to Alderwoods, was roughly $4,350.”
Musgrove v. Gov't of the Dist. of Columbia, 775 F. Supp. 2d 158 (D.D.C. 2011).
“See EEOC Regulations Relating to Labor, 29 C.F.R. § 1620.10 (2011) ("Under the EPA, the term 'wages' generally includes all payments made to [or on behalf of] an employee as remuneration for employment.”
Cooke v. United States, 85 Fed. Cl. 325 (Fed. Cl. 2008).
“29 C.F.R. § 1620.10 . This includes salary, bonuses, and fringe benefits.”
Gallagher v. Kleinwort Benson Gov't Sec., Inc., 698 F. Supp. 1401 (N.D. Ill. 1988).
· cites it 2× “The definition of “wages” for the purposes of the Act is found at 29 C.F.R. § 1620.10 . 1 Under the Act the term “wages” includes all payments made to [or on behalf of] an employee as remuneration for employment.”
Chisholm v. Foothill Capital Corp., 940 F. Supp. 1273 (N.D. Ill. 1996).
“WAGE CLAIMS UNDER THE EQUAL PAY ACT AND TITLE VII The Equal Pay Act (“EPA”) prohibits discrimination in the payment of wages on the basis of gender. See 29 U.”
Harris v. Auxilium Pharm., Inc., 664 F. Supp. 2d 711 (S.D. Tex. 2009).
“19, 2003) (citing 29 C.F.R. § 1620.10 (2003)). 9 It is well established that, based on the C.”
Marting v. Crawford & Co., 203 F. Supp. 2d 958 (N.D. Ill. 2002).
“Thus, vacation and holiday pay, and premium payments for work on Saturdays, Sundays, holidays, regular days of rest or other days or hours in excess or outside of the employee’s regular days or hours of work are deemed remuneration for employment and therefore wage payments that…”
Kienzle v. Gen. Motors, LLC, 903 F. Supp. 2d 532 (E.D. Mich. 2012).
“” 29 C.F.R. 1620.10. The plaintiff can establish a violation of the Act if she establishes that the defendant paid her less compensation — however measured — than male counterparts for the same work.”
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