New Equal Pay Laws Introduced In Congress

In March 2023, three new bills were introduced to the United States Congress to address equal pay issues. All employers will want to keep an eye on these federal bills.

The Pay Equity for All Act, H.R. 1600, would prohibit employers from asking job applicants for their salary history before making a job or salary offer. The Salary Transparency Act, H.R. 1599, would require employers to provide applicants and employees with the salary range for jobs in advertisements and interviews. Nevada has already enacted these types of laws. As such, if these federal bills are passed by Congress,  employers will want to understand how the new laws impact their already existing obligations under Nevada law.

Finally, the Fair Pay Act, H.R. 1598, seeks to expand the Equal Pay Act of 1963. Currently, an employee who files a claim under the federal Equal Pay Act must show a pay disparity with someone of the opposite gender who is performing a substantially similar job – i.e., a job that requires substantially equal skill, effort and responsibility, and that is performed under similar working conditions within the same establishment. The proposed Fair Pay Act would broaden this analysis to “equivalent jobs” that are “dominated by employees of a particular sex, race or national origin.” The bill’s sponsor uses the following example to explain her proposal: “For example, if a woman is employed as an emergency services operator, which is a female-dominated profession, she should not be paid less than a fire dispatcher, which is a male-dominated profession, just because these jobs have been historically dominated by one sex.”

KZA will monitor these federal bills and keep you posted on their progress in Congress. If you have questions about equal pay issues or you need assistance with an equal pay claim, please contact a KZA attorney.

KZA Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.