29 C.F.R. § 1620.19

Equality of wages—application of the principle

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Equal wages must be paid in the same medium of exchange. In addition, an employer would be prohibited from paying higher hourly rates to all employees of one sex and then attempting to equalize the differential by periodically paying employees of the opposite sex a bonus. Comparison can be made for equal pay purposes between employees employed in equal jobs in the same establishment although they work in different departments.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2021–2021 · leading case: Tracy Sempowich v. Tactile Sys. Tech., 19 F.4th 643 (4th Cir. 2021).
Tracy Sempowich v. Tactile Sys. Tech., 19 F.4th 643 (4th Cir. 2021). “” 29 C.F.R. § 1620.19 . Although this regulation refers to bonuses rather than commissions, the logic is the same: an employer may not pay a female employee a lower salary than a similarly situated male employee and then hope to avoid liability if the female employee works hard…”
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