The Equal Pay Act of 19631 (EPA) is not an independent piece of legis- lation, but rather an amendment to existing legislation. The EPA simply adds an additional fair labor standard to the already familiar Fair Labor Standards Act of 19382 (FLSA) [hereinafter alternately referred to as "the Act"]. By utilizing the process of amendment, Congress hoped to avoid the creation of a new bureaucratic structure to enforce the new law,8 and hoped to facilitate compliance because both industry and labor were already aware of the operation and provisions of the FLSA.4 However, what appeared to be a simple matter has nevertheless become the subject of considerable litigation. Although "equal pay for equal work" is a now familiar concept to attorneys practicing in the field of labor law, litigation has recently taken on a new look as hospitals and nursing homes now begin to feel the effect of the EPA. It is the purpose of this article to explore the provisions of the Equal Pay Act in an attempt to determine when and how it should be applied to these institutions, and through an examination of a body of cases, to reflect a trend that is now unfavorably emerging for the employer.
Equal Pay: The Hospital-Nursing Home Dilemma,
U. Rich. L. Rev.
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