On June 11, 2019, Alabama Governor Kay Ivey signed into law the
Clark-Figures Equal Pay Act (the “Alabama EPA”). The
Alabama EPA provides that it shall be unlawful for an employer to
“pay any of its employees at wage rates less than those paid
to employees of another sex or race for equal work within the same
establishment on jobs the performance of which requires equal
skill, effort, and responsibility, and performance under similar
working conditions.” The Alabama EPA takes effect September
1, 2019. Previously, employers and employees in Alabama were
subject to the federal Equal Pay Act (the “EPA”).
Similar to the EPA, no discriminatory intent has to be proven under
the Alabama EPA, and an employee can recover the wage differential
plus interest. In contrast to the EPA, the Alabama EPA does not
permit recovery of liquidated damages (double the amount of the
wage differential) or attorneys’ fees. Also in contrast to
the EPA, the Alabama EPA requires parity in wages