SB399 Alabama 2019 Session

Summary

Primary Sponsor

Vivian Davis FiguresSenator

Democrat

Session

Regular Session 2019

Title

Discrimination in wages, prohib. employer from paying employees of another sex or race for equal work less wage rates, except pursuant to seniority system, a merit system, and system that measures earnings by quantity or quality of production

Summary

SB 399 would prohibit paying employees of one sex or race less for equal work, with limited allowed exceptions, and require wage-related recordkeeping and potential damages for violations.

What This Bill Does

If passed, employers could not pay workers differently for equal work when considering skill, effort, and responsibility, unless the difference is due to a seniority system, a merit system, production-based pay, or another non-sex/race factor. Violations would allow the affected employee to receive the unpaid wages plus interest. Employers with more than 50 employees must keep wage and employment records for 3 years; smaller employers follow federal recordkeeping rules. If an employee also recovers under federal law for the same violation, they must return the smaller amount recovered. A civil action must be filed within one year of the discriminatory act. The law would take effect on the first day of the third month after passage and approval.

Who It Affects

• Employees of any sex or race who would be paid less for equal work and could seek back pay and interest.
• Employers, including state and local governments, who must follow the wage-disparity rules, maintain records, and may face civil actions for violations.

Key Provisions

• Prohibits paying employees at wage rates less than those paid to employees of another sex or race for equal work, when viewed by skill, effort, and responsibility under similar conditions.
• Exceptions allowed for a seniority system, a merit system, production-based pay, or any differential based on factors other than sex or race.
• Violations expose the employer to payment of the underpaid wages plus interest to the affected employee.
• Employers with more than 50 employees must maintain wage and employment records for 3 years; smaller employers follow FLSA recordkeeping rules.
• If a recovery under this act overlaps with federal recovery for the same violation, the employee must return the lesser amount recovered.
• A civil action to enforce this law must be filed within one year after the discrimination occurred.
• The act becomes effective on the first day of the third month after passage and approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Business and Labor