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Overtime is the amount of time someone works beyond normal working hours. The term is also used for the pay received for this time. Normal hours may be determined in several ways:
A salary is a form of periodic payment from an employer to an employee, which may be specified in an employment contract. It is contrasted with piece wages, where each job, hour or other unit is paid separately, rather than on a periodic basis. Salary can also be considered as the cost of hiring and keeping human resources for corporate operations, and is hence referred to as personnel expense or salary expense. In accounting, salaries are recorded in payroll accounts.
The Family and Medical Leave Act of 1993 (FMLA) is a United States labor law requiring covered employers to provide employees with job-protected, unpaid leave for qualified medical and family reasons. The FMLA was a major part of President Bill Clinton's first-term domestic agenda, and he signed it into law on February 5, 1993. The FMLA is administered by the Wage and Hour Division of the United States Department of Labor.
The Equal Pay Act of 1963 is a United States labor law amending the Fair Labor Standards Act, aimed at abolishing wage disparity based on sex. It was signed into law on June 10, 1963, by John F. Kennedy as part of his New Frontier Program. In passing the bill, Congress stated that sex discrimination:
Equal pay for equal work is the concept of labour rights that individuals in the same workplace be given equal pay. It is most commonly used in the context of sexual discrimination, in relation to the gender pay gap. Equal pay relates to the full range of payments and benefits, including basic pay, non-salary payments, bonuses and allowances. Some countries have moved faster than others in addressing equal pay.
Employment discrimination is a form of illegal discrimination in the workplace based on legally protected characteristics. In the U.S., federal anti-discrimination law prohibits discrimination by employers against employees based on age, race, gender, sex, religion, national origin, and physical or mental disability. State and local laws often protect additional characteristics such as marital status, veteran status and caregiver/familial status. Earnings differentials or occupational differentiation—where differences in pay come from differences in qualifications or responsibilities—should not be confused with employment discrimination. Discrimination can be intended and involve disparate treatment of a group or be unintended, yet create disparate impact for a group.
The gender pay gap in the United States is a measure between the earnings of male and females in the workforce. When calculating the pay gap, non-adjusted versus adjusted pay gap is utilized. The adjusted pay gap takes into consideration the differences in hours worked, occupations chosen, education and job experience, whereas the non-adjusted pay gap is the overall difference of gross hourly earnings of males and females in the United States. The non-adjusted average female annual salary is around 80% of the average male salary, compared to 95% for the adjusted average salary.
Employment discrimination law in the United States derives from the common law, and is codified in numerous state, federal, and local laws. These laws prohibit discrimination based on certain characteristics or "protected categories." The United States Constitution also prohibits discrimination by federal and state governments against their public employees. Discrimination in the private sector is not directly constrained by the Constitution, but has become subject to a growing body of federal and state law, including the Title VII of the Civil Rights Act of 1964. Federal law prohibits discrimination in a number of areas, including recruiting, hiring, job evaluations, promotion policies, training, compensation and disciplinary action. State laws often extend protection to additional categories or employers.
The Fair Labor Standards Act of 1938 29 U.S.C. § 203 (FLSA) is a United States labor law that creates the right to a minimum wage, and "time-and-a-half" overtime pay when people work over forty hours a week. It also prohibits employment of minors in "oppressive child labor". It applies to employees engaged in interstate commerce or employed by an enterprise engaged in commerce or in the production of goods for commerce, unless the employer can claim an exemption from coverage. The Act was enacted by the 75th Congress and signed into law by President Franklin D. Roosevelt in 1938.
The California Labor Code, more formally known as "the Labor Code", is a collection of civil law statutes for the State of California. The code is made up of statutes which govern the general obligations and rights of persons within the jurisdiction of the State of California. The stated goal of the Department of Industrial Relations is to promote and develop the welfare of the wage earners of California, to improve their working conditions and to advance their opportunities for profitable employment."
The Paycheck Fairness Act is a proposed United States labor law that would add procedural protections to the Equal Pay Act of 1963 and the Fair Labor Standards Act as part of an effort to address the gender pay gap in the United States. A Census Bureau report published in 2008 stated that women's median annual earnings were 77.5% of men's earnings. Recently this has narrowed, as by 2018, this was estimated to have decreased to women earning 80-85% of men's earnings. One study suggests that when the data is controlled for certain variables, the residual gap is around 5-7%; the same study concludes that the residual is because "hours of work in many occupations are worth more when given at particular moments and when the hours are more continuous. That is, in many occupations, earnings have a nonlinear relationship with respect to hours."
Gender pay gap in Australia looks at the persistence of a gender pay gap in Australia. In Australia, the principle of "equal pay for equal work" was introduced in 1969. Anti-discrimination on the basis of sex was legislated in 1984.
A Domestic Workers' Bill of Rights is legislation designed to grant basic labor protections to domestic workers. These laws are supported by the National Domestic Workers Alliance, a labor advocacy group founded in 2007. The first such law took effect in New York state on November 29, 2010. Among other rights, this law gave domestic workers the right to overtime pay, a day of rest every seven days, three paid days of rest each year, protection under the state human rights law, and a special cause of action for domestic workers who suffer sexual or racial harassment.
County of Washington v. Gunther, 452 U.S. 161 (1981), is a United States labor law case concerning discrimination and the lower standards of protection for gender pay because of the Bennett Amendment in Title VII of the Civil Rights Act of 1964, §703(h).
The gender pay gap or gender wage gap is the average difference between the remuneration for men and women who are working. Women are generally found to be paid less than men. There are two distinct numbers regarding the pay gap: non-adjusted versus adjusted pay gap. The latter typically takes into account differences in hours worked, occupations chosen, education and job experience. In the United States, for example, the non-adjusted average woman's annual salary is 79–83% of the average man's salary, compared to 95–99% for the adjusted average salary.
Equal Pay Day is the symbolic day dedicated to raising awareness of the gender pay gap. In the United States, this date symbolizes how far into the year the average median woman must work in order to have earned what the average median man had earned the entire previous year. The exact day differs year by year. In 2022, it was March 15. On average, women earn $0.82 for every dollar men earned in 2019.
The gender pay gap in New Zealand is the difference in the median hourly wages of men and women in New Zealand. In 2020 the gender pay gap is 9.5%. It is an economic indicator used to measure pay equality. The gender pay gap is an official statistic published annually by Stats NZ sourced from the Household Labour Force Survey.
Gender pay gap in India refers to the difference in earnings between women and men in the paid employment and the labor market. For the year 2013, the gender pay gap in India was estimated to be 24.81%. Further, while analyzing the level of female participation in the economy, this report slots India as one of the bottom 10 countries on its list. Thus, in addition to unequal pay, there is also unequal representation, because while women constitute almost half the Indian population, their representation in the work force amounts to only about one-fourth of the total.
The gender pay gap in the United States tech industry is the divergence in pay between men and women who work in areas such as software engineering. Despite applying for the same jobs at the same companies, women receive job offers that pay less than their male counterparts 63% of the time. In 2018, reports show that for every dollar the average man made, women only made 82 cents, and women from underrepresented communities earn even less. State legislatures have begun to take action to solve the gender pay gap with California leading the way, following Iceland's example. The gap does not affect women of all races equally, and discourages women, specifically those that are underrepresented minorities, from continuing to pursue opportunities in the technology industry. The wage gap in the tech industry is a result of a multitude of factors including lower initial offers and lack of negotiations. As the tech industry becomes more influential in the United States economy, it will be important that firms offer equal pay for equal for equal work and be intentional in constructing applicant pools that are more representative of the population at large. Companies such as Apple, Amazon, and Google have been proactive in attempting to rectify the pay gap and have begun committing financial resources to eliminate the gap. Reports in 2019 showed the pay gap narrowed to 3% after remaining at 4% for the previous two years.
Prior salary information is one of the factors involved in the implementation of the Equal Pay Act and prior salary legislation in the United States.
References
- ↑ "California Equal Pay Act - California Labor Code § 1197.5 | findUSlaw". finduslaw.com. Retrieved 2016-12-03.
- 1 2 DIR. "California Equal Pay Act". www.dir.ca.gov. Retrieved 2016-12-03.
- ↑ "Pay Equity & Discrimination — IWPR". www.iwpr.org. Archived from the original on 2014-01-07. Retrieved 2016-12-03.
- ↑ Kitroeff, Natalie. "The gender pay gap: In California, it adds up to $39 billion". Los Angeles Times. ISSN 0458-3035 . Retrieved 2016-12-03.
- 1 2 3 "Bill Text - SB-358 Conditions of employment: gender wage differential". leginfo.legislature.ca.gov. Retrieved 2016-12-03.
- ↑ "California Passes Law Aimed to Bridge the Gender Wage Inequality Gap | Littler Mendelson P.C." www.littler.com. Retrieved 2016-12-03.