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Fair Pay: Federal

Fair Pay requirements by state

Author: XpertHR Editorial Team


  • The Equal Pay Act applies to all employers covered by the Fair Labor Standards Act and prohibits sex-based pay discrimination. See Equal Pay Act.
  • Other antidiscrimination laws, including Title VII, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), also prohibit compensation discrimination on the basis of certain protected characteristics. See Compensation Discrimination Under Title VII, the ADA and the ADEA.
  • An employee may bring a claim for sex-based pay discrimination under the Equal Pay Act, Title VII or both. See Interaction Between the Equal Pay Act and Title VII.
  • The Lilly Ledbetter Fair Pay Act provides that each paycheck containing discriminatory compensation constitutes a separation violation for the purposes of the statute of limitations. See Lilly Ledbetter Fair Pay Act.
  • Under the National Labor Relations Act, employers may not ban salary discussions between employees or impose pay secrecy policies. See Right to Discuss Wages.
  • Pay equity audits are a valuable tool for proactively uncovering pay disparities and developing remediation strategies. See Pay Equity Audits.
  • Employers may employ a variety of strategies to prevent pay inequity. See Preventing Pay Inequity.

State Requirements

The following states have additional requirements for this topic under applicable state law.

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