What are the definitions of skill, effort, responsibility, and working conditions according to the Department of Labor? What are the conditions that must be met for an employer to support a claim of unequal work?
What will be an ideal response?
The Department of Labor provides these definitions of the four factors.
1. | Skill: Experience, training, education, and ability as measured by the performance |
2. | Effort: Mental or physical-the degree of effort (not type of effort) actually expended |
3. | Responsibility: The degree of accountability required in the performance of a job. |
4. | Working conditions: The physical surroundings and hazards of a job, including |
Guidelines to clarify these definitions have evolved through court decisions. For an employer to support a claim of unequal work, the following conditions must be met:
1. | The effort/skill/responsibility must be substantially greater in one of the jobs |
2. | The tasks involving the extra effort/skill/responsibility must consume a significant |
3. | The extra effort/skill/responsibility must have a value commensurate with the |
Time of day (e.g., working a night shift) does not constitute dissimilar working conditions. However, if a differential for working at night is paid, it must be separated from the base wage for the job.
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