290.440. Female may recover wages, when--burden of proof.
Female may recover wages, when--burden of proof.
290.440. 1. Any employer who violates section 290.410 isliable to the female employee affected in the amount of the wagesof which the female employee is deprived by reason of theviolation.
2. Any female employee receiving less than the wage to whichshe is entitled under sections 290.400 to 290.450 may recover ina civil action the balance of the wages, together with the costsof suit, notwithstanding any agreement to work for a lesser wage.
3. The burden of proof shall be upon the person bringing theclaim to establish that the differentiation in rate of pay isbased upon the factor of sex and not upon other differences orfactors.
(L. 1963 p. 416 §§ 3, 6, 8)