Opinion by Justice S. BERNARD GOODWYN.
In this appeal, we consider whether the circuit court erred in holding that the four defenses set forth in the federal Equal Pay Act, 29 U.S.C. § 206(d)(1), are affirmative defenses that are waived if not pled. We conclude that while the defenses set forth in the Equal Pay Act are affirmative, they were not waived under the facts presented in this case, and the circuit court erred in precluding the introduction of evidence...
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