Bill Text: MS SB2330 | 2021 | Regular Session | Introduced

Mississippi Senate Bill 2330 (Prior Session Legislation)

Introduced

Bill Title: Equal pay; prohibit paying state employees at rates less than those paid to employees of a different sex for equal work.

Spectrum: Bipartisan Bill

Status: (Failed) 2021-02-02 - Died In Committee [SB2330 Detail]

Download: Mississippi-2021-SB2330-Introduced.html

MISSISSIPPI LEGISLATURE

2021 Regular Session

To: Labor; Judiciary, Division A

By: Senator(s) Boyd, Blount

Senate Bill 2330

AN ACT TO PROHIBIT THE STATE OF MISSISSIPPI OR ANY OF ITS POLITICAL SUBDIVISIONS FROM PAYING ANY OF ITS EMPLOYEES AT WAGE RATES LESS THAN THOSE PAID TO EMPLOYEES OF ANOTHER SEX FOR EQUAL WORK, UNLESS A WAGE DIFFERENTIAL IS BASED UPON ONE OR MORE SPECIFIED FACTORS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) This act shall be known as the "Mississippi Equal Pay Act for State Agencies and Political Subdivisions."

(2) The state or any of its political subdivisions, including public bodies, may not pay any of its employees at wage rates less than the rates paid to employees of another sex for equal work within the same establishment on job, which require equal skill, effort, education, experience, responsibility and performance under similar working conditions, except where the payment is made pursuant to any of the following:

(a) A seniority system;

(b) A merit system;

(d) A differential based on any factor other than sex.

(3) Any employer who violates subsection (2) of this section is liable to the employee affected in an amount equal to the wages, and interest thereon, of which the employee is deprived by reason of the violation.

(4) An employee who files a claim against his or her employer for a violation of subsection (2) of this section must plead with particularity in demonstrating the following:

(a) The employee was paid less than someone for equal work despite possessing equal skill, effort, education, experience and responsibility.

(b) The applicable wage schedule at issue was or is not correlated to any conditions permissible under subsection (2) of this section.

(5) If an employee brings a claim under the Equal Pay Act of 1963, a separate action may not be maintained under this section. If an employee brings a claim under this section, then subsequently initiates a claim under the Equal Pay Act of 1963, the action brought under this section shall be dismissed with prejudice. An employee who seeks relief under this section must first waive any right to relief under the Equal Pay Act of 1963.

(6) A civil action brought under this section may be commenced no later than one (1) year from the day the employee knew or should have known his or her employer was in violation of this section.

(7) For purposes of this act, the terms "political subdivision" and "state" mean the same as provided under Section 11-46-1.

SECTION 2. This act shall take effect and be in force from and after July 1, 2021.