SB 399

Existing federal law prohibits sex-based wage discrimination between men and women in the same establishment who perform jobs that require substantially equal skill, effort, and responsibility under similar working conditions

This bill would prohibit an employer from paying any of its employees at wage rates less than those paid to employees of another sex or race for equal work when viewed as a composite of skill, effort, and responsibility, as specified, except where the payment is made pursuant to a seniority system, a merit system, a system that measures earnings by quantity or quality of production, or a differential based on any other factor other than sex

Relating to wages; to prohibit an employer from paying any of its employees at wage rates less than those paid to employees of another sex or race for equal work unless a wage differential is based upon one or more specified factors.

Section 1

(a) An employer, including individuals employed by the state or any of its political subdivisions, including public bodies, may not pay any of its employees at wage rates less than the rates paid to employees of another sex or race for equal work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions, except where the payment is made pursuant to any of the following: (1) A seniority system. (2) A merit system. (3) A system that measures earnings by quantity or quality of production. (4) A differential based on any factor other than sex or race. (b) Any employer who violates subsection (a) is liable to the employee affected in an amount equal to the wages, and interest thereon, of which the employee is deprived by reason of the violation. (c) An employer with more than 50 employees shall maintain records of the wages and wage rates, job classifications, and other terms and conditions of employment of the persons employed by the employer. All the records shall be kept on file for a period of three years. An employer with fewer than 50 employees shall adopt the rules for record keeping established by the United States Department of Labor for the Fair Labor Standards Act, Title 29, Part 516 of the Code of Federal Regulations. (d) If an employee recovers an amount under subsection (b), and also files a complaint or brings an action under subsection (d) of Section 206 of Title 29 of the United States Code which results in an additional recovery under federal law for the same violation, the employee shall return to the employer the amount recovered under subsection (b), or the amount recovered under federal law, whichever is less. (e) A civil action brought pursuant to subsection (b) may be commenced no later than one year after the act of discrimination giving rise to the cause of action.

Section 2

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.