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.
1974, c. 405.
Structure Code of Virginia
Title 40.1 - Labor and Employment
Chapter 3 - Protection of Employees
§ 40.1-22. Safety and Health Codes Commission continued as Safety and Health Codes Board
§ 40.1-22.1. Governor authorized to enter certain agreements
§ 40.1-27. Preventing employment by others of former employee
§ 40.1-27.1. Discharge of employee for absence due to work-related injury prohibited
§ 40.1-27.2. Preference for veterans and spouses
§ 40.1-27.3. Retaliatory action against employee prohibited
§ 40.1-27.4. Discipline for employee's medicinal use of cannabis oil prohibited
§ 40.1-28. Unlawful to require payment for medical examination as condition of employment
§ 40.1-28.6. Equal pay irrespective of sex
§ 40.1-28.7:1. Genetic testing or genetic characteristics as a condition of employment
§ 40.1-28.7:2. Employers to allow crime victims leave to attend criminal proceedings
§ 40.1-28.7:3. Earned income tax credit; employer notice to employee
§ 40.1-28.7:4. Release of employee's personal identifying information
§ 40.1-28.7:5. Social media accounts of current and prospective employees
§ 40.1-28.7:6. Employers to allow leave for volunteer members of Civil Air Patrol; civil remedy
§ 40.1-28.7:7. Misclassification of workers
§ 40.1-28.7:8. Covenants not to compete prohibited as to low-wage employees; civil penalty
§ 40.1-28.9. Definitions; determining wage of tipped employee
§ 40.1-28.12. Employee's remedies
§ 40.1-29.1. Investigations of employers for nonpayment of wages
§ 40.1-29.2. Employer liability
§ 40.1-29.3. Overtime for certain employees
§ 40.1-30. Registration of certain nonresident employers with Department
§ 40.1-31. Assignment of wages and salaries; requirements
§ 40.1-32. Partial assignments invalid
§ 40.1-33. Certain assignments not affected
§ 40.1-33.1. Retaliatory actions prohibited; civil penalty
§ 40.1-33.2. Discriminatory actions prohibited
§ 40.1-33.4. Accrual of paid sick leave
§ 40.1-33.5. Use of paid sick leave
§ 40.1-33.6. Retaliatory action prohibited
§ 40.1-44.1. Rules and regulations relating to tramways and other hauling and lifting devices
§ 40.1-49.5. Appeals to Court of Appeals
§ 40.1-49.6. Same; attorneys for Commonwealth
§ 40.1-49.7. Same; publication of orders
§ 40.1-49.8. Inspections of workplace
§ 40.1-49.9. Issuance of warrant
§ 40.1-49.10. Duration of warrant
§ 40.1-49.11. Conduct of inspection, testing, or collection of samples for analysis
§ 40.1-49.12. Review by courts
§ 40.1-49.13. Voluntary Protection Program
§ 40.1-51. State Health Commissioner to provide advice and aid; rules and regulations
§ 40.1-51.1. Duties of employers
§ 40.1-51.2. Rights and duties of employees
§ 40.1-51.2:1. Discrimination against employee for exercising rights prohibited
§ 40.1-51.2:2. Remedy for discrimination
§ 40.1-51.3. Duties of health and safety inspectors
§ 40.1-51.3:1. Penalty for giving advance notice of safety or health inspection under this title
§ 40.1-51.4:1. Confidentiality of trade secrets
§ 40.1-51.4:2. Penalty for making false statements, etc.
§ 40.1-51.4:3. Prohibition of use of certain questions on polygraph tests for employment
§ 40.1-51.4:4. Prohibition of use of polygraphs in certain employment situations
§ 40.1-51.4:5. Immunity of employees for reporting threatening conduct