[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: 29CFR1620.12]

[Page 313]
 
                             TITLE 29--LABOR
 
          CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
 
PART 1620_THE EQUAL PAY ACT--Table of Contents
 
Sec. 1620.12  Wage ``rate.''

    (a) The term wage ``rate,'' as used in the EPA, refers to the 
standard or measure by which an employee's wage is determined and is 
considered to encompass all rates of wages whether calculated on a time, 
commission, piece, job incentive, profit sharing, bonus, or other basis. 
The term includes the rate at which overtime compensation or other 
special remuneration is paid as well as the rate at which straight time 
compensation for ordinary work is paid. It further includes the rate at 
which a draw, advance, or guarantee is paid against a commission 
settlement.
    (b) Where a higher wage rate is paid to one gender than the other 
for the performance of equal work, the higher rate serves as a wage 
standard. When a violation of the Act is established, the higher rate 
paid for equal work is the standard to which the lower rate must be 
raised to remedy a violation of the Act.