Text: HF02300 Text: HF02302 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 91F.1 DEFINITIONS.
1 2 As used in this chapter, unless the context otherwise
1 3 provides:
1 4 1. "Employ" means to engage or permit to work for wages.
1 5 2. "Employee" means a person employed by an employer and
1 6 includes all of an employer's year-round employees, whether
1 7 working full-time or part-time, and any temporary employee
1 8 employed by an employer for a period of at least three months.
1 9 "Employee" shall not include an individual employed by the
1 10 individual's parent, spouse, or child.
1 11 3. "Employer" means a person who employs three or more
1 12 persons and includes the state and all political subdivisions
1 13 of the state.
1 14 4. "Equivalent jobs" means jobs or occupations that are
1 15 equal within the meaning of the federal Equal Pay Act of 1963,
1 16 29 U.S.C. } 206(d), or jobs or occupations that are dissimilar
1 17 but whose requirements are equivalent, when viewed as a
1 18 composite of skills, effort, responsibility, and working
1 19 conditions.
1 20 5. "Labor organization" means an organization that exists
1 21 for the purpose, in whole or in part, of collective bargaining
1 22 or of dealing with employers concerning grievances, terms of
1 23 conditions of employment, or of other mutual aid or protection
1 24 in connection with employment.
1 25 6. "Market rates" means the rates that employers within a
1 26 prescribed geographic area actually pay, or are reported to
1 27 pay, for specific jobs, as determined by formal or informal
1 28 surveys, wage studies, or other means.
1 29 7. "Wages" and "wage rates" include all compensation in
1 30 any form that an employer provides to employees in payment for
1 31 work done or services rendered, including but not limited to
1 32 base pay, bonuses, commissions, awards, tips, or various forms
1 33 of nonmonetary compensation if provided in lieu of or in
1 34 addition to monetary compensation and that have economic value
1 35 to an employee.
2 1 Sec. 2. NEW SECTION. 91F.2 WAGE DISCRIMINATION
2 2 PROHIBITION.
2 3 1. It shall be an unlawful employment practice in
2 4 violation of this chapter for an employer to discriminate
2 5 between employees on the basis of sex, race, or national
2 6 origin by doing any of the following:
2 7 a. Paying wages to employees of one sex, race, or national
2 8 origin at a rate less than the rate paid to employees of the
2 9 opposite sex or of a different race or national origin for
2 10 work in equivalent jobs.
2 11 b. Paying wages to employees in a job that is dominated by
2 12 employees of a particular sex, race, or national origin at a
2 13 rate less than the rate at which such employer pays to
2 14 employees in another job that is dominated by employees of the
2 15 opposite sex or of a different race or national origin, if the
2 16 work on the jobs is equivalent.
2 17 2. However, it shall not be an unlawful employment
2 18 practice under this section for an employer to pay different
2 19 wage rates to employees, if such payments are made pursuant to
2 20 any of the following:
2 21 a. A bona fide seniority or merit system.
2 22 b. A system that measures earnings by quantity or quality
2 23 of production.
2 24 c. A bona fide factor other than sex, race, or national
2 25 origin. However, wage differentials based on varying market
2 26 rates for equivalent jobs or based on the differing economic
2 27 benefits to the employer of equivalent jobs shall not be
2 28 considered to be based on a bona fide factor other than sex,
2 29 race, or national origin.
2 30 3. An employer who is paying wages in violation of this
2 31 section shall not, in order to comply with the provisions of
2 32 this section, reduce the wage of any employee.
2 33 4. A labor organization or its agents representing
2 34 employees of an employer having employees subject to any
2 35 provision of this chapter shall not cause or attempt to cause
3 1 such an employer to discriminate against an employee in
3 2 violation of subsection 1.
3 3 5. The labor commissioner shall adopt rules specifying the
3 4 criteria for determining whether a job is dominated by
3 5 employees of a particular sex, race, or national origin.
3 6 Criteria shall include, but not be limited to, factors such as
3 7 whether the job has ever been formally classified as or
3 8 traditionally considered to be a male or female or white or
3 9 minority job; whether a history of discrimination exists
3 10 against women or people of color with regard to wages,
3 11 assignment, or access to jobs, or other terms and conditions
3 12 of employment; and the demographic composition of the
3 13 workforce in equivalent jobs. The rules shall not include a
3 14 list of jobs.
3 15 EXPLANATION
3 16 This bill creates a new Code chapter governing wage
3 17 discrimination.
3 18 The bill makes it unlawful for an employer to pay wages
3 19 that discriminate between employees based on sex, race, or
3 20 national origin unless the differences are due to a valid
3 21 factor unrelated to sex, race, or national origin.
3 22 LSB 6302HH 78
3 23 ec/cf/24
Text: HF02300 Text: HF02302 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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