Bill Summary for S 338 (2023-2024)
|View NCGA Bill Details||2023-2024 Session|
AN ACT TO PROHIBIT DISCRIMINATION IN THE PAYMENT OF WAGES ON THE BASIS OF THE GENDER OF THE EMPLOYEE.Intro. by Marcus, Salvador, Garrett.
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Refers to the act as the "North Carolina Equal Pay Act."
Enacts new GS 95-25.6A (Discrimination in payment of wages on the basis of gender of employee prohibited). Defines comparable work and working conditions.
Prohibits discrimination on the basis of gender in the payment of salary or wages, including benefits, or payment of salary or wage rates less than the rates paid to employees of a different gender for comparable work. Provides that variations in salary and wages are not prohibited if the variations are based on six listed things, including seniority, merit, and geographic location. Provides that an employer in violation of this statute may not reduce the pay of any employee to comply with this statute.
Prohibits employers from (1) requiring employees to refrain from inquiring about, discussing, or disclosing wages; (2) screening job applicants based on their wage histories; (3) seeking the salary history of prospective employees from current or former employers; or (4) discharging employees for opposing acts made unlawful by this statute, complaining or causing a proceeding under this statute, testifying or otherwise participating in an investigation or proceeding under this statute, or disclosing wage information.
Provides that employers violating this statute are liable to affected employees in the amount of the employees' unpaid salary or wages, including benefits and reasonable attorneys fees at the court's discretion. Provides a three-year statute of limitations for actions arising from a violation, and includes each separate wage payment in violation of this statute as a violation for purposes of the statute of limitations.
Requires employers to post notice in their workplaces of employees' rights under this statute.
Effective January 1, 2024.