Equal pay legislation has been a priority of Gov. Edwards from the beginning of his term. While proposals on this issue failed in 2016, efforts have been renewed in 2017. Here’s a look at the proposals in the mix.
Senate Bill 2
SB 2 would extend the Louisiana Equal Pay Act, which applies to state government employees, to private employers with at least 50 workers. Under the proposal, employees can provide information or testimony to help coworkers pursue equal pay, but cannot sue an employer for unpaid wages if their pay gap has been corrected outside of court. They could bring a suit after 180 days if the Louisiana Commission on Human Rights has not resolved a dispute. Employers would have to track sex of employees in payment records and would have to pay for back wages and interest up to 36 months if an employee prevails in court on a pay dispute case.
The Senate Labor and Industrial Relations Committee advanced this bill.
House Bill 112
HB 112 would extend the Louisiana Equal Pay Act to employers with public government contracts and require these companies to submit paperwork showing compliance with the law. If not in compliance, contractors would have their contract revoked and be required to pay damages to employees in question.
The House Committee on Labor and Industrial Relations rejected this bill.
House Bill 222
HB 222 would protect employees if they discuss information about their pay. It would impact employers with 20 or more employees, but would not apply to employees who have access to wage information as part of their job and disclose the information outside of a court order or formal investigation.
NFIB/LA State Director Dawn Starns testified that a little known federal law already includes these protections and would prefer a campaign advertising this rather than introducing new legislation that increases litigation risk for employers.
The House Committee on Labor and Industrial Relations also rejected this bill.
House Bill 282
HB 282 would extend the Louisiana Equal Pay Act to all people employed in the state and adjust the definition of “employer” to any individual, partnership, corporation, association, business, trust, person, labor organization, or entity with 15 or more employers. Employees could file a civil suit over pay disputes if the Louisiana Human Rights Commission hasn’t resolved the issue within 120 days.
This bill is pending consideration by the House Labor and Industrial Relations Committee.
House Bill 384
HB 384 would repeal and replace the Louisiana Equal Pay Act with a new law that requires pay equity for all employees in the state, regardless of sex. Both public and private employers would be affected, but there would be exceptions for pay differentials based on seniority or merit, quality or quantity of production/performance, and other “bonafide factors” besides sex. The Louisiana Commission on Human Rights would have 180 days to resolve a pay dispute before an employee could file a suit.
This bill is also pending consideration by the House Labor and Industrial Relations Committee.
