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Equal Pay Act and FLSA

Likewise, claims also may be brought under the Equal Pay Act [29 USC § 206(d)], which amends the Fair Labor Standards Act (FLSA). Generally, for wage/hour claims, the “economic realities test” in used in determining the true status of the worker. An example of this type of claim might involve an independent contractor who is to be paid a contract amount when the work is completed, but in reality, that amount is less than the minimum wage or does not account for applicable overtime pay. If the worker is deemed to be actually functioning as an employee, the employer may be liable for monetary damages.

Inside Equal Pay Act and FLSA