Are employers allowed to pay different wages for the same job?

In Virginia, employers are not allowed to pay different wages for the same job. The state’s Minimum Wage Act requires that “all employees performing the same work receive the same rate of pay, regardless of age, race, gender, or other protected characteristics.” In other words, employers must pay the same wage rate to different employees, regardless of age, race, gender, etc., as long as they are both performing the same job. Employers may, however, pay different wages depending on the number of hours worked or the level of skill or experience required for the job. For example, a worker with five years of experience may be able to command a higher wage than a comparable worker with no experience. Employers must also follow the federal Fair Labor Standard Act (FLSA) to ensure that employees receive the required minimum wage for their state. It is important for employers to be aware of the wage and hour laws of the state of Virginia in order to ensure they are in compliance. Not following the law could result in penalties, such as fines or other legal action. Employers should also be aware that Virginia law prohibits them from retaliating against employees who make wage claims or file wage-related complaints with the state’s Department of Labor or any other government agency.

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