SB 194 modifies provisions related to discrimination in payment of wages. The measure prohibits discrimination on the basis of a person’s sex if there are no discernable differences in the character or work on comparable operations. This does not prohibit differences in payment based on a merit system, commissions on sales, seniority, geographic location, education or training, travel, or any other differential not based on sex. Leave due to a pregnancy or family and medical leave may not reduce seniority. An employer who is paying a wage differential in violation of this section shall not reduce the pay of any employee in order to comply with the provisions of this measure.
The measure increases the fine associated with discrimination. The minimum fine is increased from $25.00 to $100.00 per violation per pay period. The maximum fine is $200.00 per violation per period. The Commissioner of Labor may require the employer to pay any back pay found to be owed to the employee.
(Summary prepared by the Legislature)