What Are Some Exceptions To Equal Pay For Men And Women?

On Behalf of | Apr 10, 2022 | Wage-And-Hour Claims

In general, state and federal laws prevent discrimination in pay between male and female employees. As with anything, though, there are some exceptions.

According to the Florida Statutes, employers must have a valid reason backed by evidence as to why they would pay a male employee more than a female employee in the same role. When people hold different roles, there is no expectation of equal pay as wages tie to the job. Here’s a look at a few of the reasons why employers may pay employees in the same role different wages that are excusable by law.


Workers who have been with the company or who have an extensive work history within the industry will generally earn more. This is an expected standard in every profession because seniority often means greater skill and knowledge, which employers reward with higher pay rates.

By production

If the rate of production determines the pay rate, then it is a fair system where one employee could end up earning more than another. The employer is not really making the choice to pay more since it is performance-based.

Employers also may have other metrics they use to determine pay. As long as one of those is not gender, then paying different wages may be acceptable under the law. In most cases, employees will have an explanation of wages and understand why someone in the same position may earn more. If there are questions or unclear policies in place, it could spell trouble for the employer because it would make it difficult to prove discrimination is not at the heart of the pay differences.