When is an employer’s failure to pay equal pay willful?
An employer’s violation of the Equal Pay Act (EPA) is willful or reckless within the meaning of the Equal Pay Act (EPA) if the employer either knew or showed reckless disregard for the law. You need not show that an employer acted with intent to discriminate or in bad faith. Willfulness cannot be found on the basis of mere negligence or on a completely good-faith but incorrect assumption that it was complying with applicable laws. If an employer acts unreasonably, but not recklessly, in determining its legal obligation, its actions will not be considered willful.
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- When is an employer’s failure to pay equal pay willful?
