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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>79328</law_id><section_number>40.1-28.6</section_number><catch_line>Equal pay irrespective of sex</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="40.1">Labor and Employment</unit><unit label="chapter" level="2" order_by="1" identifier="3">Protection of Employees</unit><unit label="article" level="3" order_by="1" identifier="1">General Provisions</unit></structure><text>
						<section><p>No <span class="dictionary">employer</span> having <span class="dictionary">employees</span> shall discriminate, within any establishment in which such <span class="dictionary">employees</span> are employed, between <span class="dictionary">employees</span> on the basis of sex by paying wages to <span class="dictionary">employees</span> in such establishment at a rate less than the rate at which he pays wages to <span class="dictionary">employees</span> of the opposite sex in such establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to (i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) a differential based on any other factor other than sex.
		For purposes of administration and enforcement, any amounts owing to any <span class="dictionary">employee</span> which have been withheld in violation of this section shall be deemed to be unpaid wages or unpaid overtime compensation and the <span class="dictionary">employee</span> whose wages have been wrongfully withheld in violation of this section shall have a right of action therefor to recover <span class="dictionary">damages</span> to the extent of two times the amount of wages so withheld.
		This section shall not apply to <span class="dictionary">employers</span> covered by the Fair Labor Standards Act of 1938 as amended. Every action under this section shall be brought within two years next after the right to bring the same shall have accrued; provided, however, that nothing herein shall be construed to give rise to a <span class="dictionary">cause of action</span> for work performed prior to July 1, 1974.</p></section></text><history>1974, c. 405.</history><metadata></metadata></law>
