Bill Summaries: H334 (2017-2018 Session)

Tracking:
  • Summary date: Mar 13 2017 - View summary

    Enacts new Article 2B, Families' Stabilization Act, in GS Chapter 95, as follows. Prohibits an employer from paying an employee a wage that is less than the rates paid to employees of another gender in the same establishment for the same quantity and quality of the same classification of work. Employer includes (1) the State and any local political subdivision of the State and (2) every person having control or direction of any employee employed at any labor, or responsible directly or indirectly for the wages of another, who employs more than five employees. An employer who violates the wage requirement is liable to the affected employee in the amount of the wages that the employee is deprived due to the violation. Provides that nothing in the statute prohibits a variation of rates of pay for employees engaged in the same classification of work based upon seniority; a difference in length of service, ability, skill, difference in duties or services performed, whether regularly or occasionally; difference in the shift or time of day worked, hours of work, or restrictions or prohibitions on lifting or moving objects in excess of specified weight; or other reasonable differentiation, factor, or factors other than gender when exercised in good faith. Prohibits violating employers from reducing the pay of any employee in order to bring the employer into compliance. Prohibits employers from retaliating against any employee who seeks redress pursuant to this Article or who participates in the investigation of a complaint under this Article.

    Allows an affected employee to file a complaint with the Department of Labor and requires the Department to investigate the complaint and notify the employer and employee of the investigation results. Allows an employee receiving less than the entitled wage to recover the balance of the wages, and the costs and attorneys' fees in a civil action, notwithstanding any agreement to work for a lesser wage. Requires a civil action to be instituted within two years after the date that the employee discovers the alleged violation.