HB1569 Enacts the Missouri Equal Pay Act.
Sponsor: Bray, Joan (84) Effective Date:00/00/0000
CoSponsor: Hickey, John (80) LR Number: 3637L.05P
Last Action: 04/20/2000 - Third Read and defeated (H)
AYES: 068
NOES: 086
HCS HB 1569
Next Hearing:Hearing not scheduled
Calendar:Bill currently not on calendar
ACTIONS HEARINGS CALENDAR
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Available Bill Summaries for HB1569 Copyright(c)
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Available Bill Text for HB1569
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BILL SUMMARIES

PERFECTED

HCS HB 1569 -- MISSOURI EQUAL PAY ACT (Bray)

This substitute enacts the Missouri Equal Pay Act.  In its main
provisions, the substitute:

(1)  Makes it an unlawful employment practice for employers to
discriminate between employees on the basis of sex, age, race,
disability, or national origin in the payment of wages for work
in equal jobs performed under similar working conditions which
require equal skill, effort, and responsibility;

(2)  Makes it an unlawful employment practice for employers to
retaliate against employees who utilize the protections of this
act;

(3)  Clarifies the conditions in which wage payment
differentials can be paid to employees.  The conditions include
the presence of a bona fide seniority or merit system; a system
which measures earnings by the quality and quantity of
production; bona fide factors other than sex, age, race,
disability, or national origin; and bona fide regional economic
differentials;

(4)  Prohibits employers from reducing wages to comply with this
act;

(5)  Requires employers to maintain records on wages paid to
employees for a period of 2 years;

(6)  Lists the remedies available to employees for violations of
this act and prohibits the payment of punitive damages;

(7)  Allows any party to an action to demand a trial by jury;

(8)  Authorizes the court to order the parties to an action to
participate in an alternative dispute resolution program; and

(9)  Requires that actions be instituted within 2 years of the
last violation and specifies that an employer's liability for
back wages can extend to 2 years immediately prior to the date
that action is brought.

FISCAL NOTE:  Cost to General Revenue could exceed $100,000 in
FY 2001, FY 2002, and FY 2003.


COMMITTEE

HCS HB 1569 -- MISSOURI EQUAL PAY ACT

SPONSOR:  Hickey (Bray)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Labor by
a vote of 12 to 8.

This substitute enacts the Missouri Equal Pay Act.  In its main
provisions, the substitute:

(1)  Makes it an unlawful employment practice for employers to
discriminate between employees on the basis of sex, age, race,
or national origin in the payment of wages for work in
substantially equivalent jobs;

(2)  Makes it an unlawful employment practice for employers to
retaliate against employees who utilize the protections of this
act;

(3)  Clarifies wage payment differentials that will not be
considered an unlawful employment practice;

(4)  Prohibits employers from reducing wages to comply with this
act;

(5)  Requires employers to maintain records on wages paid to
employees for a period of 2 years;

(6)  Lists the remedies available to employees for violations of
this act; and

(7)  Requires that actions be instituted within 2 years of the
last violation and specifies that an employer's liability for
back wages can extend to 2 years immediately prior to the date
that action is brought.

FISCAL NOTE:  Cost to General Revenue Fund could exceed $100,000
in FY 2001, FY 2002, and FY 2003.

PROPONENTS:  Supporters say that due to the lack of enforcement
of federal law concerning equal pay, it is important to have a
state equal pay law.  The provisions of the substitute would
ensure fairness and equity in wages for covered persons employed
in substantially equivalent jobs.

Testifying for the bill were Representative Bray; Missouri AFL--
CIO; Service Employees International Union; United Auto Workers,
Missouri State CAP Council; and Missouri Federation of Teachers.

OPPONENTS:  Those who oppose the bill say that its provisions
would duplicate federal laws pertaining to equal pay which are
already in place.  Further, the provisions of the substitute
could result in an increase in lawsuits and would not require
corporations in other states to pay equal wages.

Testifying against the bill were Enterprise Rent-A-Car; Missouri
Chamber of Commerce; and Associated Industries of Missouri.

Joseph Deering, Legislative Analyst


INTRODUCED

HB 1569 -- Missouri Equal Pay Act

Co-Sponsors:  Bray, Hickey, Riback Wilson (25), McLuckie,
Fraser, Schilling, Foley, Backer

This bill enacts the Missouri Equal Pay Act.  In its main
provisions, the bill:

(1)  Makes it an unlawful employment practice for employers to
discriminate between employees on the basis of sex, race, or
national origin in the payment of wages for work in
substantially equivalent jobs;

(2)  Makes it an unlawful employment practice for employers to
retaliate against employees who utilize the protections of this
act;

(3)  Clarifies wage payment differentials that will not be
considered an unlawful employment practice;

(4)  Prohibits employers from reducing wages to comply with this
act;

(5)  Requires employers to maintain records on their wage rate
calculations and wage rate payments to employees for a period of
2 years and to provide employees a written statement and access
to their employment file;

(6)  Lists the remedies available to employees for violations of
this act; and

(7)  Requires that actions be instituted within 2 years of the
last violation and specifies that an employer's liability for
back wages can extend to 2 years immediately prior to the date
that action is brought.


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