                                 CODE OF VIRGINIA

EQUAL PAY IRRESPECTIVE OF SEX (§ 40.1-28.6)

No employer having employees shall discriminate, within any establishment in
which such employees are employed, between employees on the basis of sex by
paying wages to employees in such establishment at a rate less than the rate at
which he pays wages to employees 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
employee which have been withheld in violation of this section shall be deemed
to be unpaid wages or unpaid overtime compensation and the employee whose wages
have been wrongfully withheld in violation of this section shall have a right of
action therefor to recover damages to the extent of two times the amount of
wages so withheld.
		This section shall not apply to employers 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 cause of
action for work performed prior to July 1, 1974.

HISTORY: 1974, c. 405.