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2013 Equal Pay Legislation

2013 Equal Pay Legislation

2/14/2014

Office WorkersAll but five states have adopted equal pay laws, requiring equal pay for equal work and prohibiting differences in wages based solely on gender.

Summary of 2013 Legislative Enactments

Three states passed laws related to equal pay during the 2013 legislative session:

  • Louisiana established an equal pay act for public sector employment, requiring equal pay for equal work and prohibiting wage discrimination based on gender.
  • Oregon passed a law that requires insurers to reimburse physician assistants and nurse practitioners in independent practices at the same rate as physicians for providing the same services.
  • Vermont passed amendments to their equal pay law, prohibiting retaliation for filing complaints and requiring equal pay in government contracts.

2013 Legislation Related to Equal Pay

FLORIDA
FL H.B. 613
Title: Employment Discrimination
Author: Cruz
Summary: Creates "Helen Gordon Davis Fair Pay Protection Act;" makes legislative findings relating to equal pay for equal work for women; recognizes importance of DEO requires DEO to conduct studies creates Governor's Recognition Award for Pay Equity in Workplace.
02/06/2013 - Filed
02/12/2013 - Referred to Economic Development and Tourism Subcommittee; Appropriations Committee; Economic Affairs Committee -House Journal 67
03/05/2013 - Introduced - House Journal 67
05/03/2013 - Died in Economic Development and Tourism Subcommittee

ILLINOIS
IL H.B. 939
Title: Employment-Tech
Author: Madigan
Summary: Amends the Equal Pay Act of 2003. Makes a technical change in a Section concerning enforcement.
01/24/2013 - Filed with the Clerk by Rep. Michael J. Madigan
01/25/2013 - First Reading
01/25/2013 - Referred to Rules Committee
02/25/2013 - Assigned to Executive Committee
03/06/2013 - Do pass / Short Debate Executive Committee; 011-000-000
03/06/2013 - Placed on Calendar 2nd Reading - Short Debate
04/19/2013 - Rule 19(A) / Re-Referred to Rules Committee

KENTUCKY
KY H.B. 401
Title: An Act relating to wage discrimination.
Author: Marzian
Summary: Amend KRS 337.423 to prohibit wage discrimination on the basis of sex, race, or national origin by prohibiting wage differentials for employees who perform equivalent jobs; provide exceptions for wage differentials based on seniority or merit systems, systems that measure wages by quantity or quality of production, and factors other than sex, race, or national origin; amend KRS 337.420 to define equivalent jobs as those that are equal under the federal Equal Pay Act, or jobs that are dissimilar but equivalent in skill, effort, responsibility, and working conditions; amend KRS 337.425 to require the promulgation of administrative regulations to specify criteria for determining jobs that are dominated by employees of a particular sex, race, or national origin, and acceptable methodology for determining equivalent skill, effort, responsibility, and working conditions; require that the promulgation occur on or before July 1, 2014; Effective July 1, 2015.
02/15/2013 - Introduced in House
02/19/2013 - To Labor & Industry
02/19/2013 - Taken from Labor & Industry
02/19/2013 - 1st Reading
02/19/2013 - Returned to Labor & Industry
02/20/2013 - Taken from Labor & Industry
02/20/2013 - 2nd Reading
02/20/2013 - Returned to Labor & Industry
02/20/2013 - Posting waived
02/21/2013 - Posted in Committee
02/26/2013 - Reported Favorably, to Rules
02/27/2013 - Posted for Passage in the Regular Orders of the Day for Thursday, February 28, 2013

LOUISIANA
LA H.B. 453
Title: Employment/Wages: Creates the Equal Pay for Women Act
Author: Norton
Summary: Creates the Equal Pay for Women Act, prohibiting discrimination in wages based on gender and providing for a complaint process.
03/29/2013 - Prefiled.
03/29/2013 - Under the rules, provisionally referred to the Committee on Labor and Industrial Relations.
04/01/2013 - First Appeared in the interim calendar on 4/1/2013.
04/08/2013 - Read by title, under the rules, referred to the Committee on Labor and Industrial Relations.

LA S.B. 153
Title: Employment: Creates the Equal Pay for Women Act. (8/1/13)
Author: Murray
Summary: Employment: Creates the Equal Pay for Women Act. (8/1/13)
03/29/2013 - Prefiled and under the rules provisionally referred to the Committee on Senate and Governmental Affairs.
04/08/2013 - Introduced in the Senate; read by title. rules suspended. read second time and referred to the Committee on Senate and Governmental Affairs.
05/01/2013 - Reported with amendments.
05/06/2013 - Read by title. Committee amendments read and adopted. Ordered engrossed and passed to third reading and final passage.
05/07/2013 - Read by title and returned to the calendar, subject to call.
05/15/2013 - Called from the calendar.
05/15/2013 - Senate floor amendments read and adopted. Read by title; failed to pass: vote of 19 Y and 18 N.
05/15/2013 - Notice of reconsideration on the next legislative day.
05/16/2013 - Reconsidered. read by title; returned to the calendar, subject to call.
05/22/2013 - Called from the calendar.
05/22/2013 - Senate floor amendments read and adopted. Read by title and passed by a vote of 23 Y and 13 N; ordered re-engrossed and sent to the House. motion to Reconsider tabled.
05/23/2013 - Received in the House from the Senate, read by title, lies over under the rules.
05/28/2013 - Read by title, under the rules, referred to the Committee on Labor and Industrial Relations.
05/30/2013 - Reported with amendments (10-0) (regular). referred to the Legislative Bureau.
05/30/2013 - Reported without Legislative Bureau amendments.
06/02/2013 - Read by title, amended, passed to 3rd reading - Regular calendar.
06/02/2013 - Scheduled for floor debate on 6/03/2013.
06/03/2013 - Read by title, returned to the calendar.
06/03/2013 - Called from the calendar.
06/03/2013 - Read third time by title, amended, roll called on final passage, Y 86, N 12. finally passed, ordered to the Senate.
06/03/2013 - Received from the House with amendments.
06/04/2013 - Amendments proposed by the House read and concurred in by a vote of 35 Y and 2 N.
06/05/2013 - Enrolled. Signed by the President of the Senate.
06/05/2013 - Signed by the Speaker of the House.
06/06/2013 - Sent to the Governor by the Secretary of the Senate.
06/18/2013 - Signed by the Governor. Becomes Act No. 374.
06/18/2013 - Effective date 8/1/2013.

LA S.B. 68
Title: Employment: Creates the Equal Pay for Women Act.
Author: Carter Peterson
Summary: Employment: Creates the Equal Pay for Women Act.
03/26/2013 - Prefiled and under the rules provisionally referred to the Committee on Senate and Governmental Affairs.
04/08/2013 - Introduced in the Senate; read by title. Rules suspended. Read second time and referred to the Committee on Senate and Governmental Affairs.

NEW YORK
NY S.B. 5592
Title: Enacts the New York State Equal Pay act Requiring Equal Pay
Author: Lanza
Summary: Enacts the New York state equal pay act requiring equal pay for certain male and female employees.
05/23/2013 - Introduced and referred to Committee on Senate labor
06/12/2013 - Amend (T) and recommit to Senate labor
06/12/2013 - Print number SB 5592 A

NY A.B. 7194
Title: Establishes Policy of Equal Pay for Comparable Work
Author: Rabbitt
Summary: Establishes policy of equal pay for comparable work regardless of sex, race or national origin and requires corrective action therefore.
05/07/2013 - Introduced and referred to Committee on Assembly Governmental Employees

NY A.B. 6894
Title: Enacts the New York State Equal Pay Act
Author: Nolan
Summary: Enacts the New York state equal pay act requiring equal pay for certain male and female employees.
04/23/2013 - Introduced and referred to Committee on Assembly Labor
06/11/2013 - Amend (T) and recommit to Assembly Labor
06/11/2013 - Print number AB 6894 A

NY S.B. 2650
Title: Establishes Policy of Equal Pay for Comparable Work
Author: Ball
Summary: Establishes policy of equal pay for comparable work regardless of sex, race or national origin and requires corrective action therefore.
01/23/2013 - Introduced and referred to Committee on Senate Civil Service and Pensions

NY A.B. 1729
Title: Implements State Policy of Fair and Equal Pay for Equivalent Value of Work
Author: Jaffee
Summary: Implements State Policy of Fair and Equal Pay for Equivalent Value of Work
01/08/2013 - Pre-filed
01/09/2013 - Referred to Assembly Governmental Employees
03/20/2013 - Committee meeting set for Assembly Governmental Employees
03/20/2013 - Reported and referred to Assembly Ways and Means
04/16/2013 - Committee meeting set for Assembly Ways and Means
04/16/2013 - Reported and referred to Assembly Rules
04/16/2013 - Committee meeting set for Assembly Rules
04/16/2013 - Ordered direct to third reading
04/16/2013 - Laid out for Discussion
04/16/2013 - Passed Assembly (vote Y: 90/N: 38)
04/16/2013 - Delivered to the Senate
04/16/2013 - Referred to Senate Civil Service and Pensions

NY S.B. 1871
Title: Establishes policy of Equal Pay for Both Sexes and Equivalent Value of Work
Author: Montgomery
Summary: Establishes policy of equal pay for both sexes and equivalent value of work and directs the taking of corrective action.
01/07/2013 - Pre-filed
01/09/2013 - Referred to Senate Civil Service and Pensions

NY A.B. 903
Title: Establishes policy of Equal Pay for Both Sexes and Comparability of Value of Work
Author: Weprin
Summary: Establishes policy of equal pay for both sexes and comparability of value of work and directs the taking of corrective action.
01/02/2013 - Pre-filed
01/09/2013 - Referred to Assembly Governmental Employees

NY A.B. 753
Title: Establishes Policy of Equal Pay for Both Sexes and equivalent Value of Work
Author: Rosenthal
Summary: Establishes policy of equal pay for both sexes and equivalent value of work and directs the taking of corrective action.
12/28/2012 - Pre-filed
01/09/2013 - Referred to Assembly Governmental Employees
03/20/2013 - Committee meeting set for Assembly Governmental Employees
03/20/2013 - Reported and referred to Assembly Ways and Means
04/16/2013 - Committee meeting set for Assembly Ways and Means
04/16/2013 - Reported and referred to Assembly Rules
04/16/2013 - Committee meeting set for Assembly Rules
04/16/2013 - Ordered direct to third reading
04/16/2013 - Laid out for discussion
04/16/2013 - Passed Assembly (vote Y: 95/N: 37)
04/16/2013 - Delivered to the Senate
04/16/2013 - Referred to Senate Civil Service and Pensions

NORTH CAROLINA
NC H.B. 916
Title: Survey Equal Pay Practices in Private Sector.
Author: Cunningham
Summary: An act requiring the North Carolina department of commerce, division of employment security, to develop a survey to assess equal pay practices among private employers in this state.
04/11/2013 - House filed
04/15/2013 - House passed 1st reading
04/15/2013 - House referred to Committee on Rules, Calendar, and Operations of the House

NC H.B. 603
Title: Equal Pay Act.
Author: Ross
Summary: An act to enact the equal pay act to ensure that employees in this State are paid the same wages in the same establishment for the same quality and quantity of the same classification of work.
04/08/2013 - House filed
04/09/2013 - House passed 1st reading
04/09/2013 - House referred to Committee on Rules, Calendar, and Operations of the House

OKLAHOMA
OK S.B. 60
Title: Labor; creating the Equal Pay Act; defining terms; prohibiting certain discrimination; penalties. Effective date.
Author: Coates
Summary: An Act relating to labor; creating the Equal Pay Act of 2013; providing short title; defining terms; prohibiting certain discrimination by employers on the basis of sex; providing exceptions; prohibiting certain action for compliance; construing act; making certain actions unlawful; authorizing the Commissioner of Labor to administer and enforce the act; authorizing the Commissioner to adopt certain rules; authorizing the Department of Labor to conduct certain investigations to enforce the act; providing for the gathering of certain information; authorizing certain entry and inspections and questioning of certain employees; requiring certain employers to make and keep certain records for certain period of time and to provide certain reports from the records; authorizing the Commissioner of Labor to administer certain oaths, take certain depositions and require certain subpoenas; providing for issuance of certain subpoenas; providing for certain failure of compliance; authorizing Commissioner to certify to certain acts; making certain acts violations; providing for certain employees to recover certain amounts; authorizing the Department to bring certain legal actions with certain time period; authorizing Commissioner to supervise certain payments; providing for payment of certain recovered sums; providing penalties; providing for certain factors to be considered in determining certain penalties; providing for recovery of certain penalty; providing for payment of certain penalty in certain circumstances; providing liability for certain legal and equitable relief for certain retaliatory actions under certain circumstances; requiring employers to post certain notice; requiring Commissioner to provide employers copies of certain summaries and rules; requiring the Department to conduct certain outreach and education efforts targeted toward certain groups; requiring the Department to conduct certain studies and provide certain information biennially to certain groups on certain subjects; requiring the Department to file certain annual report; repealing 40 O.S. 2001, Sections 198.1 and 19 8 .2, which relate to payment of discriminatory wages based on employee's sex, enforcement and penalties; providing for codification; and providing an effective date.
02/04/2013 - First reading
02/04/2013 - Authored by Senator Coates
02/05/2013 - Second reading referred to Business and Commerce

OREGON
OR H.B. 2902
Title: Relating to equal pay for health practitioners; and declaring an emergency.
Author: Kotek
Summary: Relating to equal pay for health practitioners; and declaring an emergency.
02/13/2013 - First reading. referred to Speaker's Desk.
02/18/2013 - Referred to Health Care.
03/01/2013 - Public hearing held.
03/13/2013 - Work session held.
03/15/2013 - Recommendation: do pass with amendments and be printed A-engrossed.
03/18/2013 - Second reading.
03/19/2013 - Third reading.
03/20/2013 - First reading. Referred to President's Desk.
03/27/2013 - Referred to Health Care and Human Services.
05/09/2013 - Public hearing held.
05/23/2013 - Work session held.
05/29/2013 - Recommendation: do pass with amendments to the A-eng.
05/29/2013 - Referred to Ways and Means by order of the President.
05/29/2013 - Assigned to Subcommittee on Human Services.
05/30/2013 - Work session held.
05/30/2013 - Returned to full Committee.
05/31/2013 - Work session held.
06/05/2013 - Recommendation: do pass the B-eng. bill.
06/05/2013 - Second reading.
06/06/2013 - Third reading.
06/11/2013 - House concurred in Senate amendments and re-passed bill. ayes, 59; excused, 1--Esquivel.
06/12/2013 - Speaker signed.
06/12/2013 - President signed.
06/18/2013 - Governor signed.
06/18/2013 - Chapter 430, (2013 Laws): Effective date June 18, 2013.

VERMONT
VT H.B. 99
Title: An Act Relating to Equal Pay
Author: Krowinski
Summary: An act relating to equal pay
01/29/2013 - Read first time and referred to the Committee on General, Housing and Military Affairs
02/15/2013 - Rules suspended and taken up for immediate consideration as moved by Rep. Head of South Burlington
02/15/2013 - Rep. Head of South Burlington moved to commit bill to the Committee on Judiciary which was agreed to.
03/19/2013 - Read second time
03/19/2013 - Rep. Stevens of Waterbury reported for the Committee on General, Housing and Military Affairs
03/19/2013 - Rep. Waite-Simpson of Essex reported for the Committee on Judiciary
03/19/2013 - Rep. Stevens of Waterbury asked and was granted leave to withdraw amendment
03/19/2013 - Amendment of Committee on Judiciary agreed to
03/19/2013 - Roll call results passed -- needed 67 of 132 to pass -- Y = 106, N = 26
03/19/2013 - Third reading ordered
03/20/2013 - Amendment as offered by Rep. Dickinson of St. Albans Town agreed to
03/20/2013 - Amendment as offered by Rep. Bouchard of Colchester disagreed to
03/20/2013 - Read third time
03/20/2013 - Passed
03/20/2013 - Roll call results passed -- needed 69 of 137 to pass -- Y = 115, N = 22
03/22/2013 - Read 1st time & referred to Committee on Economic Development, Housing and General Affairs
04/19/2013 - Entered on notice calendar
04/19/2013 - Favorable report with proposal of amendment by Committee on Economic Development, Housing and General Affairs
04/19/2013 - Referred to Committee on Appropriations per Senate Rule 31
04/25/2013 - Entered on notice calendar
04/25/2013 - Favorable report with proposal of amendment by Committee on Economic Development, Housing and General affairs
04/25/2013 - Favorable report with proposal of amendment by Committee on Appropriations
04/26/2013 - New business/second reading
04/26/2013 - Favorable report with proposal of amendment by Committee on Economic Development, Housing and General Affairs
04/26/2013 - Favorable report with proposal of amendment by Committee on Appropriations
04/29/2013 - Unfinished business/second reading
04/29/2013 - Favorable report with proposal of amendment by Committee on Economic Development, Housing and General Affairs
04/29/2013 - Favorable report with proposal of amendment by Committee on Appropriations
04/30/2013 - Unfinished business/second reading
04/30/2013 - Favorable report with proposal of amendment by Committee on Economic Development, Housing and General Affairs
04/30/2013 - Favorable report with proposal of amendment by Committee on Appropriations
04/30/2013 - Read 2nd time, reported favorably with proposal of amendment by Senator Mullin for Committee on Economic Development, Housing and General Affairs
04/30/2013 - Reported favorably by Senator Fox for Committee on Appropriations with proposal of amendment
04/30/2013 - Proposal of amendment by Committee on Economic Development, Housing and General Affairs amended as recommended by Committee on Appropriations
04/30/2013 - Proposal of amendment by Committee on Economic Development, Housing and General Affairs, as amended, agreed to
04/30/2013 - 3rd reading ordered on roll call, requested by Senator Campbell, passed -- needed 15 of 29 to pass -- Y = 29, N = 0
05/01/2013 - New business/third reading
05/01/2013 - Read 3rd time & passed in concurrence with proposal of amendment
05/06/2013 - Senate proposal of amendment concurred in
05/07/2013 - House message: House concurred in Senate proposal of amendment
05/14/2013 - Signed by Governor on 5/14/2013

VIRGINIA
2012 VA S.B. 789
Title: Employees; equal compensation irrespective of sex.
Author: McEachin
Summary: Equal compensation of employees irrespective of sex. Amends existing law requiring equal pay for equal work irrespective of sex to (i) increase the penalty for a violation from double unpaid wages to triple unpaid wages plus reasonable attorney fees; (ii) prohibit employers from punishing employees for sharing salary information with their coworkers; and (iii) prohibit unequal provision of benefits and privileges.
12/19/2012 - Prefiled and ordered printed; offered 01/09/13
12/19/2012 - Referred to Committee on Commerce and Labor
01/14/2013 - Failed to report (defeated) in Commerce and Labor (5-Y 10-N)

WEST VIRGINIA
WV S.B. 135
Title: Creating Equal Pay Coordinator within Division of Personnel
Author: Yost
Summary: A bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-6-29, relating to the creation of an Equal Pay Coordinator within the Division of Personnel to ensure pay equity among state employees; making legislative findings; providing qualifications for the position; providing powers and duties of coordinator; providing for the development of a strategic plan to ensure pay equity in state government; authorizing other agencies to share necessary information with the coordinator; and providing rule-making authority.
02/13/2013 - Filed for introduction
02/13/2013 - To Government Organization then Finance
02/13/2013 - Introduced in Senate
02/13/2013 - To Government Organization

WV H.B. 2392
Title: Creating an equal pay coordinator within the Division of Personnel
Author: Fleischauer
Summary: A bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-6-29, relating to the creation of an equal pay coordinator within the Division of Personnel to ensure pay equity among state employees; making legislative findings; providing qualifications for the position; providing powers and duties of coordinator; providing for the development of a strategic plan to ensure pay equity in state government; authorizing other agencies to share necessary information with the coordinator; and providing rule-making authority.
02/13/2013 - Filed for Introduction
02/13/2013 - To Government Organization then Finance
02/13/2013 - Introduced in House
02/13/2013 - To House Government Organization

WV H.B. 2252
Title: Authorizing the equal pay commission to study the "glass ceiling" concept
Author: Fleischauer
Summary: A bill to amend and reenact §21-5E-6 of the Code of West Virginia, 1931, as amended, relating to authorizing the equal pay commission to study the "glass ceiling" concept and to make recommendations as appropriate based on its findings.
02/13/2013 - Filed for introduction
02/13/2013 - To Government Organization then Judiciary
02/13/2013 - Introduced in House
02/13/2013 - To House Government Organization

Source: Westlaw 50-state bill tracking database search of 2013 legislation.

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