Text: HF00450 Text: HF00452 Text: HF00400 - HF00499 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 or 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. An employer shall not discriminate between employees on 2 4 the basis of sex, race, or national origin by doing any of the 2 5 following: 2 6 a. Paying wages to employees of one sex, race, or national 2 7 origin at a rate less than the rate paid to employees of the 2 8 opposite sex or of a different race or national origin for 2 9 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, if the 2 15 work on the jobs is equivalent. 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, if such payments are made pursuant to 2 19 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 EXPLANATION 3 15 This bill creates a new Code chapter governing wage 3 16 discrimination. 3 17 The bill provides that an employer shall not pay wages that 3 18 discriminate between employees based on sex, race, or national 3 19 origin unless the differences are due to a valid factor 3 20 unrelated to sex, race, or national origin. 3 21 LSB 2719HH 80 3 22 av/cf/24
Text: HF00450 Text: HF00452 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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