Text: SF00414 Text: SF00416 Text: SF00400 - SF00499 Text: SF 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. 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 at a rate less than the rate 2 8 paid to employees of the opposite sex or of a different race 2 9 or national origin for work in equivalent jobs. 2 10 b. Paying wages to employees in a job that is dominated by 2 11 employees of a particular sex, race, or national origin at a 2 12 rate less than the rate at which such employer pays to 2 13 employees in another job that is dominated by employees of the 2 14 opposite sex or of a different race or national origin, for 2 15 work on equivalent jobs. 2 16 2. However, it shall not be an unlawful employment 2 17 practice under this section for an employer to pay different 2 18 wage rates to employees, where such payments are made pursuant 2 19 to any of the following: 2 20 a. A bona fide seniority or merit system. 2 21 b. A system that measures earnings by quantity or quality 2 22 of production. 2 23 c. A bona fide factor other than sex, race, or national 2 24 origin. However, wage differentials based on varying market 2 25 rates for equivalent jobs or based on the differing economic 2 26 benefits to the employer of equivalent jobs shall not be 2 27 considered to be based on a bona fide factor other than sex, 2 28 race, or national origin. 2 29 3. An employer who is paying wages in violation of this 2 30 section shall not, in order to comply with the provisions of 2 31 this section, reduce the wage of any employee. 2 32 4. A labor organization or its agents representing 2 33 employees of an employer having employees subject to any 2 34 provision of this chapter shall not cause or attempt to cause 2 35 such an employer to discriminate against an employee in 3 1 violation of subsection 1. 3 2 5. The labor commissioner shall adopt rules specifying the 3 3 criteria for determining whether a job is dominated by 3 4 employees of a particular sex, race, or national origin. 3 5 Criteria shall include, but not be limited to, factors such as 3 6 whether the job has ever been formally classified as or 3 7 traditionally considered to be a male or female or white or 3 8 minority job; whether a history of discrimination exists 3 9 against women or people of color with regard to wages, 3 10 assignment, or access to jobs, or other terms and conditions 3 11 of employment; and the demographic composition of the 3 12 workforce in equivalent jobs. The rules shall not include a 3 13 list of jobs. 3 14 Sec. 3. NEW SECTION. 91F.3 OTHER PROHIBITED ACTS. 3 15 It shall be an unlawful employment practice in violation of 3 16 this chapter for an employer to do any of the following: 3 17 1. Take adverse actions or otherwise discriminate against 3 18 an individual because such individual has opposed any act or 3 19 practice made unlawful by this chapter; has sought to enforce 3 20 rights protected under this chapter; or has testified, 3 21 assisted, or participated in any manner in an investigation, 3 22 hearing, or other proceeding to enforce this chapter. 3 23 2. Discharge or in any other manner discriminate against, 3 24 coerce, intimidate, threaten, or interfere with an employee or 3 25 another person because the employee inquired about, disclosed, 3 26 compared, or otherwise discussed the employee's wages or the 3 27 wages of any other employee, or because the employee 3 28 exercised, enjoyed, aided, or encouraged another person to 3 29 exercise or enjoy any right granted or protected by this 3 30 chapter. 3 31 Sec. 4. NEW SECTION. 91F.4 WAGE DISCLOSURE, 3 32 RECORDKEEPING, AND REPORTING REQUIREMENTS. 3 33 1. Upon commencement of an individual's employment and at 3 34 least annually thereafter, the individual's employer subject 3 35 to this chapter shall provide to the employee a written 4 1 statement sufficient to inform the employee of the employee's 4 2 job title, wage rate, and how the wage is calculated. This 4 3 notice shall be supplemented whenever an employee is promoted 4 4 or reassigned to a different position with the employer. 4 5 However, the employer is not required to issue supplemental 4 6 notifications for temporary reassignments that are no greater 4 7 than three months in duration. 4 8 2. An employer subject to this chapter shall make and 4 9 preserve records that document the wages paid to employees and 4 10 that document and support the method, system, calculations, 4 11 and other bases used to establish, adjust, and determine the 4 12 wage rates paid to employees. An employer subject to this 4 13 chapter shall preserve such records for such periods of time 4 14 and shall make such reports from the records as shall be 4 15 prescribed by rules or orders of the labor commissioner. 4 16 3. The rules adopted under this chapter, relating to the 4 17 form of reports required by subsection 2, shall provide for 4 18 protection of the confidentiality of employees, and shall 4 19 expressly require that reports shall not include the names or 4 20 other identifying information from which readers could discern 4 21 the identities of employees. The rules may also identify 4 22 circumstances that warrant a prohibition on disclosure of 4 23 reports or information identifying the employer. 4 24 4. The labor commissioner may use the information and data 4 25 collected pursuant to subsection 2 for statistical and 4 26 research purposes, and may compile and publish such studies, 4 27 analyses, report, and surveys based on the information and 4 28 data, as appropriate. 4 29 Sec. 5. NEW SECTION. 91F.5 REMEDIES AND ENFORCEMENT. 4 30 1. a. In an action in which a court finds that an 4 31 employer has engaged in acts that violate this chapter, the 4 32 court shall award to an affected employee or employees 4 33 monetary relief, including back pay in an amount equal to the 4 34 difference between the employee's actual earnings and what the 4 35 employee would have earned but for the employer's unlawful 5 1 practices, and an additional amount in compensatory and 5 2 punitive damages, as appropriate. 5 3 b. In an action in which a court finds that an employer 5 4 has engaged in acts that violate this chapter, the court shall 5 5 enjoin the employer from continuing to discriminate against an 5 6 affected employee or employees and shall direct the employer 5 7 to comply with this chapter, and may order the employer to 5 8 take such additional affirmative steps as are necessary, 5 9 including reinstatement or reclassification of an affected 5 10 employee or employees, to ensure an end to unlawful 5 11 discrimination. 5 12 c. In an action in which an affected employee or employees 5 13 prevail in their claims against an employer, the court shall, 5 14 in addition to any judgment awarded to the plaintiffs, order 5 15 the employer to pay a reasonable attorney fee, reasonable 5 16 expert witness fees, and costs of the action. 5 17 2. a. An action to recover the damages or equitable 5 18 relief prescribed in subsection 1 may be maintained against an 5 19 employer in any court of competent jurisdiction by one or more 5 20 employees or their representative on their own behalf or on 5 21 their own behalf and the behalf of other employees similarly 5 22 situated. 5 23 b. (1) The labor commissioner shall receive, investigate, 5 24 and attempt to resolve complaints of violations of this 5 25 chapter. 5 26 (2) If the labor commissioner is unable to reach a 5 27 voluntary resolution of a complaint, the labor commissioner 5 28 may bring an action in any court of competent jurisdiction to 5 29 recover the equitable and monetary relief described in 5 30 subsection 1. 5 31 (3) Any sums recovered by the labor commissioner pursuant 5 32 to this paragraph "b" shall be paid directly to each employee 5 33 affected by the employer's unlawful acts. 5 34 c. An action may be brought under this section not later 5 35 than two years after the date of the last event constituting 6 1 the alleged violation for which the action is brought. 6 2 Sec. 6. EFFECTIVE DATE. This Act, being deemed of 6 3 immediate importance, takes effect upon enactment. 6 4 EXPLANATION 6 5 This bill creates a new Code chapter governing wage 6 6 discrimination. 6 7 The bill makes it unlawful for an employer to pay wages 6 8 that discriminate between employees based on sex, race, or 6 9 national origin unless the differences are due to a valid 6 10 factor unrelated to sex, race, or national origin. The bill 6 11 also makes it unlawful for an employer to take action against 6 12 a person exercising their rights pursuant to this new chapter. 6 13 The bill requires employers, on an annual basis, to provide 6 14 employees with information on how their wage is calculated. 6 15 The bill also requires employers to maintain records 6 16 concerning wages paid to employees. 6 17 The bill permits an affected employee to maintain an action 6 18 against an employer who violates this chapter and to obtain 6 19 damages, seek an injunction, and be awarded witness and 6 20 attorney fees. The bill also permits employees to maintain an 6 21 action on behalf of other employees. In addition, the labor 6 22 commissioner is granted the authority to resolve complaints 6 23 arising out of this chapter and to maintain a civil action for 6 24 monetary and equitable relief. 6 25 This bill takes effect upon enactment. 6 26 LSB 2618SS 78 6 27 ec/cf/24
Text: SF00414 Text: SF00416 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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