Bill Text - HB1188 (2014)

Relative to paycheck equity.


Revision: March 27, 2014, midnight

HB 1188 – AS INTRODUCED

2014 SESSION

14-2059

06/03

HOUSE BILL 1188

AN ACT relative to paycheck equity.

SPONSORS: Rep. Weed, Ches 16; Rep. Cahill, Rock 17; Rep. Phillips, Ches 5; Rep. Ley, Ches 9; Rep. Moody, Rock 17; Sen. Fuller Clark, Dist 21

COMMITTEE: Labor, Industrial and Rehabilitative Services

ANALYSIS

This bill prohibits employers from requiring an employee to refrain from disclosing the amount of his or her wages.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

14-2059

06/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fourteen

AN ACT relative to paycheck equity.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Equal Pay. RSA 275:37 is repealed and reenacted to read as follows:

275:37 Equal Pay.

I. No employer, employment agency, labor organization, or person seeking employees may discriminate between employees on the basis of sex by paying employees of one sex at a rate less than the rate paid to employees of the other sex for equal work that requires equal skill, effort, and responsibility and is performed under similar working conditions. No employer who is paying wages in violation of this section shall reduce the wage rate of any employee in order to comply with this section.

II. An employer may pay different wage rates under this section when such wages are made pursuant to:

(a) A seniority system.

(b) A merit system.

(c) A system in which earnings are based on quantity or quality of production.

(d) A bona fide factor other than sex, such as education, training, or experience.

III. No employer may:

(a) Require, as a condition of employment, that an employee refrain from disclosing the amount of his or her wages, salary, or paid benefits.

(b) Require an employee to sign a waiver or other document that purports to deny the employee the right to disclose the amount of his or her wages, salary, or paid benefits.

(c) Discharge, formally discipline, or otherwise discriminate against an employee who discloses the amount of his or her wages, salary, or paid benefits.

IV. Nothing in this section shall be construed to limit the rights of employers to discharge or discipline employees for good cause shown.

2 Effective Date. This act shall take effect January 1, 2015.