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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. An employer may pay different wage rates to employees
2 18 where such payments are made pursuant to any of the following:
2 19 a. A bona fide seniority or merit system.
2 20 b. A system that measures earnings by quantity or quality
2 21 of production.
2 22 c. A bona fide factor other than sex, race, or national
2 23 origin. However, wage differentials based on varying market
2 24 rates for equivalent jobs or based on the differing economic
2 25 benefits to the employer of equivalent jobs shall not be
2 26 considered to be based on a bona fide factor other than sex,
2 27 race, or national origin.
2 28 3. An employer who is paying wages in violation of this
2 29 section shall not, in order to comply with the provisions of
2 30 this section, reduce the wage of any employee.
2 31 4. A labor organization or its agents representing
2 32 employees of an employer having employees subject to any
2 33 provision of this chapter shall not cause or attempt to cause
2 34 such an employer to discriminate against an employee in
2 35 violation of subsection 1.
3 1 5. The labor commissioner shall adopt rules specifying the
3 2 criteria for determining whether a job is dominated by
3 3 employees of a particular sex, race, or national origin.
3 4 Criteria shall include, but not be limited to, factors such as
3 5 whether the job has ever been formally classified as or
3 6 traditionally considered to be a male or female or white or
3 7 minority job; whether a history of discrimination based on
3 8 sex, race, or national origin exists with regard to wages,
3 9 assignment, or access to jobs, or other terms and conditions
3 10 of employment; and the demographic composition of the
3 11 workforce in equivalent jobs. The rules shall not include a
3 12 list of jobs.
3 13 Sec. 3. NEW SECTION. 91F.3 OTHER PROHIBITED ACTS.
3 14 It shall be an unlawful employment practice in violation of
3 15 this chapter for an employer to do any of the following:
3 16 1. Take adverse actions or otherwise discriminate against
3 17 an individual because such individual has opposed any act or
3 18 practice made unlawful by this chapter; has sought to enforce
3 19 rights protected under this chapter; or has testified,
3 20 assisted, or participated in any manner in an investigation,
3 21 hearing, or other proceeding to enforce this chapter.
3 22 2. Discharge or in any other manner discriminate against,
3 23 coerce, intimidate, threaten, or interfere with an employee or
3 24 another person because the employee inquired about, disclosed,
3 25 compared, or otherwise discussed the employee's wages or the
3 26 wages of any other employee, or because the employee
3 27 exercised, enjoyed, aided, or encouraged another person to
3 28 exercise or enjoy any right granted or protected by this
3 29 chapter.
3 30 Sec. 4. NEW SECTION. 91F.4 WAGE DISCLOSURE,
3 31 RECORDKEEPING, AND REPORTING REQUIREMENTS.
3 32 1. Upon commencement of an individual's employment and at
3 33 least annually thereafter, the individual's employer subject
3 34 to this chapter shall provide to the employee a written
3 35 statement sufficient to inform the employee of the employee's
4 1 job title, wage rate, and how the wage is calculated. This
4 2 notice shall be supplemented whenever an employee is promoted
4 3 or reassigned to a different position with the employer.
4 4 However, the employer is not required to issue supplemental
4 5 notifications for temporary reassignments that are no greater
4 6 than three months in duration.
4 7 2. An employer subject to this chapter shall make and
4 8 preserve records that document the wages paid to employees and
4 9 that document and support the method, system, calculations,
4 10 and other bases used to establish, adjust, and determine the
4 11 wage rates paid to employees. An employer subject to this
4 12 chapter shall preserve the records for such periods of time
4 13 and shall make reports from the records as shall be prescribed
4 14 by rules or orders of the labor commissioner.
4 15 3. The rules adopted under this chapter, relating to the
4 16 form of reports required by subsection 2, shall provide for
4 17 protection of the confidentiality of employees, and shall
4 18 expressly require that reports shall not include the names or
4 19 other identifying information from which readers could discern
4 20 the identities of employees. The rules may also identify
4 21 circumstances that warrant a prohibition on disclosure of
4 22 reports or information identifying the employer.
4 23 4. The labor commissioner may use the information and data
4 24 collected pursuant to subsection 2 for statistical and
4 25 research purposes, and may compile and publish such studies,
4 26 analyses, reports, and surveys based on the information and
4 27 data, as appropriate.
4 28 Sec. 5. NEW SECTION. 91F.5 REMEDIES AND ENFORCEMENT.
4 29 1. a. In an action in which a court finds that an
4 30 employer has engaged in acts that violate this chapter, the
4 31 court shall award to an affected employee or employees
4 32 monetary relief, including back pay in an amount equal to the
4 33 difference between the employee's actual earnings and what the
4 34 employee would have earned but for the employer's unlawful
4 35 practices, and an additional amount in compensatory and
5 1 punitive damages, as appropriate.
5 2 b. In an action in which a court finds that an employer
5 3 has engaged in acts that violate this chapter, the court shall
5 4 enjoin the employer from continuing to discriminate against an
5 5 affected employee or employees and shall direct the employer
5 6 to comply with this chapter, and may order the employer to
5 7 take such additional affirmative steps as are necessary,
5 8 including reinstatement or reclassification of an affected
5 9 employee or employees, to ensure an end to unlawful
5 10 discrimination.
5 11 c. In an action in which an affected employee or employees
5 12 prevail in their claims against an employer, the court shall,
5 13 in addition to any judgment awarded to the plaintiffs, order
5 14 the employer to pay a reasonable attorney fee, reasonable
5 15 expert witness fees, and costs of the action.
5 16 2. a. An action to recover the damages or equitable
5 17 relief prescribed in subsection 1 may be maintained against an
5 18 employer in any court of competent jurisdiction by one or more
5 19 employees or their representative on their own behalf or on
5 20 their own behalf and on the behalf of other employees
5 21 similarly situated.
5 22 b. (1) The labor commissioner shall receive, investigate,
5 23 and attempt to resolve complaints of violations of this
5 24 chapter.
5 25 (2) If the labor commissioner is unable to reach a
5 26 voluntary resolution of a complaint, the labor commissioner
5 27 may bring an action in any court of competent jurisdiction to
5 28 recover the equitable and monetary relief described in
5 29 subsection 1.
5 30 (3) Any sums recovered by the labor commissioner pursuant
5 31 to this paragraph shall be paid directly to each employee
5 32 affected by the employer's unlawful acts.
5 33 c. An action may be brought under this section not later
5 34 than two years after the date of the last event constituting
5 35 the alleged violation for which the action is brought.
6 1 Sec. 6. EFFECTIVE DATE. This Act, being deemed of
6 2 immediate importance, takes effect upon enactment.
6 3 EXPLANATION
6 4 This bill creates a new Code chapter governing wage
6 5 discrimination.
6 6 The bill makes it unlawful for an employer to pay wages
6 7 that discriminate between employees based on sex, race, or
6 8 national origin unless the differences are due to a valid
6 9 factor unrelated to sex, race, or national origin. The bill
6 10 also makes it unlawful for an employer to take action against
6 11 a person exercising their rights pursuant to this new chapter.
6 12 The bill requires employers, on an annual basis, to provide
6 13 employees with information on how the employees' wage is
6 14 calculated. The bill also requires employers to maintain
6 15 records concerning wages paid to employees.
6 16 The bill permits an affected employee to maintain an action
6 17 against an employer who violates this chapter and to obtain
6 18 damages, seek an injunction, and be awarded witness and
6 19 attorney fees and costs. The bill also permits employees to
6 20 maintain an action on behalf of other employees. In addition,
6 21 the labor commissioner is granted the authority to resolve
6 22 complaints arising out of this chapter and to maintain a civil
6 23 action for monetary and equitable relief on behalf of
6 24 employees.
6 25 The bill takes effect upon enactment.
6 26 LSB 2681SS 80
6 27 kh/cf/24.1
Text: SF00254 Text: SF00256 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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