SB 1548 — employment and labor omnibus

Bill Text

• Introduced Introduced Version Current pdf

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill adds new sections and amends existing statutes to establish protections for employees regarding wage disclosure and prohibits discriminatory wage practices based on wage history.

• 23-207

  AN EMPLOYER MAY NOT: 1. REQUIRE NONDISCLOSURE BY AN EMPLOYEE REGARDING THE EMPLOYEE'S WAGE INFORMATION AS A CONDITION OF EMPLOYMENT. 2. REQUIRE AN EMPLOYEE TO SIGN A WAIVER OR OTHER DOCUMENT THAT DENIES THE EMPLOYEE THE RIGHT TO DISCLOSE THE EMPLOYEE'S WAGE INFORMATION. 3. TAKE ANY ADVERSE EMPLOYMENT ACTION AGAINST AN EMPLOYEE FOR DISCLOSING THE EMPLOYEE'S WAGES OR DISCUSSING ANOTHER EMPLOYEE'S WAGES IF THE DISCUSSION WAS VOLUNTARY. 4. RETALIATE AGAINST AN EMPLOYEE FOR ASSERTING THE EMPLOYEE'S RIGHTS AND REMEDIES UNDER THIS SECTION.

  Employers are prohibited from enforcing wage nondisclosure agreements and retaliating against employees for discussing wages.

• 23-208

  AN EMPLOYER MAY NOT DO ANY OF THE FOLLOWING: 1. RELY ON THE WAGE HISTORY OF A PROSPECTIVE EMPLOYEE IN CONSIDERING THE PROSPECTIVE EMPLOYEE FOR EMPLOYMENT, INCLUDING REQUIRING THAT A PROSPECTIVE EMPLOYEE'S PRIOR WAGES SATISFY MINIMUM OR MAXIMUM CRITERIA AS A CONDITION OF BEING CONSIDERED FOR EMPLOYMENT. 3. SEEK FROM A PROSPECTIVE EMPLOYEE OR ANY CURRENT OR FORMER EMPLOYER THE WAGE HISTORY OF THE PROSPECTIVE EMPLOYEE, EXCEPT THAT AN EMPLOYER MAY SEEK TO CONFIRM PRIOR WAGE INFORMATION ONLY AFTER AN OFFER OF EMPLOYMENT WITH COMPENSATION HAS BEEN MADE.

  Employers cannot use prospective employees' wage histories to determine employment eligibility or compensation.

• 23-340

  AN EMPLOYER SHALL MAY NOT pay any person in his THE EMPLOYER'S employ at wage rates less than the rates paid to employees of the opposite sex in the same establishment for the same quantity and quality of the same classification of work, provided, that nothing herein shall prohibit a variation of rates of pay for male and female employees engaged in the same classification of work based upon a difference in seniority, length of service, ability, skill, difference in duties or services performed, whether regularly or occasionally, difference in the shift or time of day worked, hours of work, or restrictions or prohibitions on lifting or moving objects in excess of specified weight, or other reasonable differentiation, factor or factors other than sex, when exercised in good faith. → AN EMPLOYER SHALL MAY NOT pay any person in his THE EMPLOYER'S employ at wage rates less than the rates paid to employees of the opposite sex in the same establishment for substantially similar work, when viewed as a composite of skill, effort and responsibility and performed under similar working conditions, unless the employer can demonstrate: (1) the wage rate differential is based on one or more of the following factors: (a) a seniority system. (b) a merit system. (c) a system that measures earnings by quantity or quality of production. (d) a bona fide factor other than sex, such as education, training or experience.

  Strengthens equal pay protections by requiring employers to justify any wage differentials based on specific criteria rather than sex.

• 23-341

  Any employer who THAT violates subsection A of this section is liable to the employee affected in the amount of the wages of which such THE employee is deprived by reason of such THE violation, INCLUDING INTEREST, AND AN ADDITIONAL EQUAL AMOUNT AS LIQUIDATED DAMAGES. → Any employer who THAT violates subsection A of this section is liable to the employee affected in the amount of the wages of which such THE employee is deprived by reason of such THE violation, including interest, and an additional equal amount as liquidated damages. Any affected employee may register with the commission a complaint that the wages paid to such THE employee are less than the wages to which such THE employee is entitled under this section.

  Clarifies the process for employees to file complaints regarding wage violations.

• 23-340

  "BUSINESS NECESSITY" MEANS AN OVERRIDING LEGITIMATE BUSINESS PURPOSE SUCH THAT THE FACTOR RELIED ON EFFECTIVELY FULFILLS THE BUSINESS PURPOSE THE FACTOR IS SUPPOSED TO SERVE. → "BUSINESS NECESSITY" MEANS AN OVERARCHING LEGITIMATE BUSINESS REASON THAT ESSENTIALLY SATISFIES THE REASON THE FACTOR IS INTENDED TO SERVE.

  Revises the definition of 'business necessity' to enhance clarity on what constitutes a legitimate reason for wage differentials.

Action History

1. February 01, 2022

   Senate Second Reading

2. January 31, 2022

   Senate First Reading

Sponsors

• Martin Quezada · Primary

Subjects