[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1620.18]

[Page 318]
 
                             TITLE 29--LABOR
 
          CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
 
PART 1620_THE EQUAL PAY ACT--Table of Contents
 
Sec. 1620.18  Jobs performed under similar working conditions.

    (a) In general. In order for the equal pay standard to apply, the 
jobs are required to be performed under similar working conditions. It 
should be noted that the EPA adopts the flexible standard of similarity 
as a basis for testing this requirement. In determining whether the 
requirement is met, a practical judgment is required in light of whether 
the differences in working conditions are the kind customarily taken 
into consideration in setting wage levels. The mere fact that jobs are 
in different departments of an establishment will not necessarily mean 
that the jobs are performed under dissimilar working conditions. This 
may or may not be the case. The term ``similar working conditions'' 
encompasses two subfactors: ``surroundings'' and ``hazards.'' 
``Surroundings'' measure the elements, such as toxic chemicals or fumes, 
regularly encountered by a worker, their intensity and their frequency. 
``Hazards'' take into account the physical hazards regularly 
encountered, their frequency and the severity of injury they can cause. 
The phrase ``working conditions'' does not encompass shift 
differentials.
    (b) Determining similarity of working conditions. Generally, 
employees performing jobs requiring equal skill, effort, and 
responsibility are likely to be performing them under similar working 
conditions. However, in situations where some employees performing work 
meeting these standards have working conditions substantially different 
from those required for the performance of other jobs, the equal pay 
principle would not apply. On the other hand, slight or inconsequential 
differences in working conditions which are not usually taken into 
consideration by employers or in collective bargaining in setting wage 
rates would not justify a differential in pay.