Text: HF00220                           Text: HF00222
Text: HF00200 - HF00299                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 221

Partial Bill History

Bill Text

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, or jobs or occupations that are equally productive
  1 20 and have equal value for an employer.
  1 21    5.  "Labor organization" means an organization that exists
  1 22 for the purpose, in whole or in part, of collective bargaining
  1 23 or of dealing with employers concerning grievances, terms of
  1 24 conditions of employment, or of other mutual aid or protection
  1 25 in connection with employment.
  1 26    6.  "Market rates" means the rates that employers within a
  1 27 prescribed geographic area actually pay, or are reported to
  1 28 pay, for specific jobs, as determined by formal or informal
  1 29 surveys, wage studies, or other means.
  1 30    7.  "Wages" and "wage rates" include all compensation in
  1 31 any form that an employer provides to employees in payment for
  1 32 work done or services rendered, including but not limited to
  1 33 base pay, bonuses, commissions, awards, tips, or various forms
  1 34 of nonmonetary compensation if provided in lieu of or in
  1 35 addition to monetary compensation and that have economic value
  2  1 to an employee.
  2  2    Sec. 2.  NEW SECTION.  91F.2  WAGE DISCRIMINATION
  2  3 PROHIBITION.
  2  4    1.  It shall be an unlawful employment practice in
  2  5 violation of this chapter for an employer to discriminate
  2  6 between employees on the basis of sex, race, or national
  2  7 origin by doing any of the following:
  2  8    a.  Paying wages to employees at a rate less than the rate
  2  9 paid to employees of the opposite sex or of a different race
  2 10 or national origin for 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, for
  2 16 work on equivalent jobs.
  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, where such payments are made pursuant
  2 20 to 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    Sec. 3.  NEW SECTION.  91F.3  OTHER PROHIBITED ACTS.
  3 16    It shall be an unlawful employment practice in violation of
  3 17 this chapter for an employer to do either of the following:
  3 18    1.  Take adverse actions or otherwise discriminate against
  3 19 an individual because such individual has opposed any act or
  3 20 practice made unlawful by this chapter; has sought to enforce
  3 21 rights protected under this chapter; or has testified,
  3 22 assisted, or participated in any manner in an investigation,
  3 23 hearing, or other proceeding to enforce this chapter.
  3 24    2.  Discharge or in any other manner discriminate against,
  3 25 coerce, intimidate, threaten, or interfere with an employee or
  3 26 another person because the employee inquired about, disclosed,
  3 27 compared, or otherwise discussed the employee's wages or the
  3 28 wages of any other employee, or because the employee
  3 29 exercised, enjoyed, aided, or encouraged another person to
  3 30 exercise or enjoy any right granted or protected by this
  3 31 chapter.
  3 32    Sec. 4.  NEW SECTION.  91F.4  WAGE DISCLOSURE,
  3 33 RECORDKEEPING, AND REPORTING REQUIREMENTS.
  3 34    1.  Upon commencement of an individual's employment and at
  3 35 least annually thereafter, the individual's employer subject
  4  1 to this chapter shall provide to the employee a written
  4  2 statement sufficient to inform the employee of the employee's
  4  3 job title, wage rate, and how the wage is calculated.  This
  4  4 notice shall be supplemented whenever an employee is promoted
  4  5 or reassigned to a different position with the employer.
  4  6 However, the employer is not required to issue supplemental
  4  7 notifications for temporary reassignments that are no greater
  4  8 than three months in duration.
  4  9    2.  An employer subject to this chapter shall make and
  4 10 preserve records that document the wages paid to employees and
  4 11 that document and support the method, system, calculations,
  4 12 and other bases used to establish, adjust, and determine the
  4 13 wage rates paid to employees.  An employer subject to this
  4 14 chapter shall preserve the records for such periods of time
  4 15 and shall make reports from the records as shall be prescribed
  4 16 by rules or orders of the labor commissioner.
  4 17    3.  The rules adopted under this chapter, relating to the
  4 18 form of reports required by subsection 2, shall provide for
  4 19 protection of the confidentiality of employees, and shall
  4 20 expressly require that reports shall not include the names or
  4 21 other identifying information from which readers could discern
  4 22 the identities of employees.  The rules may also identify
  4 23 circumstances that warrant a prohibition on disclosure of
  4 24 reports or information identifying the employer.
  4 25    4.  The labor commissioner may use the information and data
  4 26 collected pursuant to subsection 2 for statistical and
  4 27 research purposes, and may compile and publish such studies,
  4 28 analyses, report, and surveys based on the information and
  4 29 data, as appropriate.
  4 30    Sec. 5.  NEW SECTION.  91F.5  REMEDIES AND ENFORCEMENT.
  4 31    1.  a.  In an action in which a court finds that an
  4 32 employer has engaged in acts that violate this chapter, the
  4 33 court shall award to an affected employee or employees
  4 34 monetary relief, including back pay in an amount equal to the
  4 35 difference between the employee's actual earnings and what the
  5  1 employee would have earned but for the employer's unlawful
  5  2 practices, and an additional amount in compensatory and
  5  3 punitive damages, as appropriate.
  5  4    b.  In an action in which a court finds that an employer
  5  5 has engaged in acts that violate this chapter, the court shall
  5  6 enjoin the employer from continuing to discriminate against an
  5  7 affected employee or employees and shall direct the employer
  5  8 to comply with this chapter, and may order the employer to
  5  9 take such additional affirmative steps as are necessary,
  5 10 including reinstatement or reclassification of an affected
  5 11 employee or employees, to ensure an end to unlawful
  5 12 discrimination.
  5 13    c.  In an action in which an affected employee or employees
  5 14 prevail in their claims against an employer, the court shall,
  5 15 in addition to any judgment awarded to the plaintiffs, order
  5 16 the employer to pay a reasonable attorney fee, reasonable
  5 17 expert witness fees, and costs of the action.
  5 18    2.  a.  An action to recover the damages or equitable
  5 19 relief prescribed in subsection 1 may be maintained against an
  5 20 employer in any court of competent jurisdiction by one or more
  5 21 employees or their representative on their own behalf or on
  5 22 their own behalf and the behalf of other employees similarly
  5 23 situated.
  5 24    b.  (1)  The labor commissioner shall receive, investigate,
  5 25 and attempt to resolve complaints of violations of this
  5 26 chapter.
  5 27    (2)  If the labor commissioner is unable to reach a
  5 28 voluntary resolution of a complaint, the labor commissioner
  5 29 may bring an action in any court of competent jurisdiction to
  5 30 recover the equitable and monetary relief described in
  5 31 subsection 1.
  5 32    (3)  Any sums recovered by the labor commissioner pursuant
  5 33 to this paragraph shall be paid directly to each employee
  5 34 affected by the employer's unlawful acts.
  5 35    c.  An action may be brought under this section not later
  6  1 than two years after the date of the last event constituting
  6  2 the alleged violation for which the action is brought.
  6  3    Sec. 6.  EFFECTIVE DATE.  This Act, being deemed of
  6  4 immediate importance, takes effect upon enactment.  
  6  5                           EXPLANATION 
  6  6    This bill creates a new Code chapter governing wage
  6  7 discrimination.
  6  8    The bill makes it unlawful for an employer to pay wages
  6  9 that discriminate between employees based on sex, race, or
  6 10 national origin unless the differences are due to a valid
  6 11 factor unrelated to sex, race, or national origin.  The bill
  6 12 also makes it unlawful for an employer to take action against
  6 13 a person exercising their rights pursuant to this new chapter.
  6 14    The bill requires employers, on an annual basis, to provide
  6 15 employees with information on how the employees' wage is
  6 16 calculated.  The bill also requires employers to maintain
  6 17 records concerning wages paid to employees.
  6 18    The bill permits an affected employee to maintain an action
  6 19 against an employer who violates this chapter and to obtain
  6 20 damages, seek an injunction, and be awarded witness and
  6 21 attorney fees.  The bill also permits employees to maintain an
  6 22 action on behalf of other employees.  In addition, the labor
  6 23 commissioner is granted the authority to resolve complaints
  6 24 arising out of this chapter and to maintain a civil action for
  6 25 monetary and equitable relief.
  6 26    This bill takes effect upon enactment.  
  6 27 LSB 1269HH 79
  6 28 kh/cf/24
     

Text: HF00220                           Text: HF00222
Text: HF00200 - HF00299                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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