SB 628 - Under current law, no employer shall pay wage rates to any female employee that are less than the wage rates paid to male employees for the same quantity and quality of the same classification of work. This act modifies that provision by prohibiting any employer from paying an employee of any gender wages less than those paid to employees of the opposite gender for the same work performed under similar working conditions. Certain exceptions are made for wage payment differentials that are based on merit systems, regional economic factors, factors that measure pay due to output, or other bona fide factors other than gender. Employers are prohibited from reducing wages to comply with this act. Employers are prohibited from retaliating against employees who utilize the protections of this act. Furthermore, employees may file a civil action for actual and compensatory damages for such retaliation.
The act modifies the provisions allowing for a civil cause of action for violations of this act. Employees may seek recovery of actual damages and compensatory damages, not to exceed twice the wages awarded. Furthermore, an employee prevailing in an action may recover reasonable attorney's fees and court costs. Courts are authorized to issue an injunction against employers for violation of the provisions of the act, in addition to other steps seen as necessary to make the employee whole.
Current law requires an action alleging an unlawful payment practice based on gender to be brought within 6 months of the date of the alleged violation. This act permits actions to be brought within two years of the alleged violation.
This act is identical to SB 95 (2019), substantially similar to SB 682 (2020), HB 1864 (2020), HB 145 (2019), SB 700 (2018), SB 1064 (2018), HB 2190 (2018), SB 205 (2017), SB 350 (2017), HB 518 (2017), HB 559 (2017), SB 695 (2016), SB 952 (2016), HB 2249 (2016), HB 2356 (2016), HB 2370 (2016), HB 2403 (2016), HB 2660 (2016), SB 247 (2015), SB 873 (2004) and HB 1069 (2002) and similar to HB 349 (2011), SB 647 (2010), and HB 1962 (2010).
SCOTT SVAGERA