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Regular Session, 2010
SENATE BILL NO. 249
BY SENATOR DORSEY
EMPLOYMENT. Enacts the Louisiana Equal Pay for Women Act. (8/15/10)
AN ACT1
To enact Part II of Chapter 6 of Title 23 of the Louisiana Revised Statutes of 1950, to be2
comprised of R.S. 23:661 through 668, relative to payment of wages; to provide for3
definitions; to provide for prohibited acts constituting unequal pay; to provide for4
damages; to limit actions of employees; to require certain records be kept by5
employers; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Part II of Chapter 6 of Title 23 of the Louisiana Revised Statutes of 1950,8
comprised of R.S. 23:661 through 668, is hereby enacted to read as follows: 9
PART II. LOUISIANA EQUAL PAY FOR WOMEN ACT10
§661. Short title; citation11
This Part shall constitute and be known as the "Louisiana Equal Pay for12
Women Act" and may be cited as such.13
§662. Declaration of public policy14
The public policy of this state is declared to be that the practice of paying15
wages to employees of one sex at a lesser rate than the rate paid to employees16
of the opposite sex for comparable work on jobs which have comparable17 SB NO. 249
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requirements unjustly discriminates against the person receiving the lesser rate.1
It is therefore declared to be the policy of this state through the exercise of its2
police power to correct and, as rapidly as possible, to eliminate discriminatory3
wage practices based on sex.4
§663. Definitions5
As used in this Part, the following terms shall have the definitions6
ascribed below unless the context indicates otherwise:7
(1) "Employee" means any individual permitted to work by an8
employer.9
(2) "Employer" means an individual, partnership, corporation,10
association, business, trust, person, labor organization as defined in this Part,11
or entity for whom four or more employees are gainfully employed within the12
state and includes the state of Louisiana, any state officer, any department or13
agency, any unit of local government, and any school district.14
(3) "Labor organization" means any organization which exists for the15
purpose, in whole or in part, of collective bargaining or of dealing with16
employers concerning grievances, terms or conditions of employment, or other17
mutual aid or protection in connection with employment.18
§664. Prohibited acts19
A. No employer may discriminate against an employee on the basis of20
sex by paying wages to an employee at a rate less than that of another employee21
for the same or substantially similar work on jobs in which their performance22
requires equal skill, effort, education, and responsibility and which are23
performed under similar working conditions including time worked in the24
position.25
B. No labor organization or its agent representing employees or an26
employer shall cause or attempt to cause an employer to discriminate against27
an employee in violation of this Act.28
C. Nothing in Subsection A or B of this Section shall prohibit the29 SB NO. 249
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payment of different wage rates to employees where such payment is made1
pursuant to any of the following:2
(1) A seniority system.3
(2) A merit system.4
(3) A system that measures earnings by quantity or quality of5
production.6
(4) A differential based on a bona fide factor other than sex, such as7
education, training, or experience, except that this Paragraph shall only apply8
if:9
(a) The employer demonstrates that such factor is job-related with10
respect to the position in question; or11
(b) The employer demonstrates that it furthers a legitimate business12
purpose, except if the employee demonstrates that an alternative employment13
practice exists that would serve the same business purpose without producing14
such differential and that the employer has refused to adopt such alternative15
practice and such factor was actually applied and used reasonably in light of the16
asserted justification.17
D. An employer who is paying wages in violation of this Part may not,18
to comply with this Part, reduce the wages of any other employee.19
E. It shall be unlawful for any person to discharge or in any other20
manner discriminate against any individual because the individual:21
(1) Has filed any charge or has instituted or caused to be instituted any22
proceeding under or related to this Part.23
(2) Has given or is about to give any information in connection with any24
inquiry or proceeding relating to any right provided under this Part.25
(3) Has testified or is about to testify in any inquiry or proceeding26
relating to any right provided under this Part.27
§665. Complaint procedure28
A. An employee who believes that an employer is in violation of this Part29 SB NO. 249
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shall submit written notice of the violation to the employer. An employer who1
receives such written notice from an employee shall have ninety days from2
receipt of the notice to remedy any violation of this Part. If an employer3
remedies the violation within the time provided herein, the employee may not4
bring any action against the employer under this Part.5
B. If an employer fails to remedy a violation of this Part within the time6
provided herein, the employee may institute a civil suit in a district court of7
competent jurisdiction.8
§666. Liquidated damages9
A. An employer who violates the provisions of this Part shall be liable10
to the affected employees in the amount of their unpaid wages and an additional11
amount of one-half of unpaid wages in liquidated damages as well as reasonable12
attorney fees and costs.13
B. In the event that such damages are appropriate, an employer who14
violates the provisions of this Part shall be liable to the affected employees for15
employment, reinstatement, promotion, and any benefits lost.16
C. The award of monetary relief shall be limited to those violations17
which have occurred within a thirty-six-month period prior to the institution18
of a civil suit in a district court of competent jurisdiction.19
D. Interim earnings by the employee discriminated against shall operate20
to reduce the monetary relief otherwise allowable.21
E. Nothing in this Part prevents the settlement of a claim by agreement22
of the employer and employee for a lesser amount.23
F. An employee found by a court to have brought a frivolous claim24
under this Part shall be held liable to the defendant for reasonable damages25
incurred as a result of the claim, reasonable attorney fees, and court costs.26
§667. Limitation of actions27
Any action to recover unpaid wages and liquidated damages based on a28
violation as provided for in this Part must be commenced within one year of the29 SB NO. 249
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date that an employee knows that his employer is in violation of this Part.1
§668. Records to be kept by employers2
An employer subject to any provision of this Part shall make and3
preserve records that document the name, address, occupation of each4
employee, and the wages paid to each employee. These records shall be5
preserved for a period of not less than three years.6
Section 2. The Louisiana State Law Institute is hereby authorized and requested to7
designate R.S. 23:631 through 659 as "Part I. General Provisions."8
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Mary Dozier O'Brien.
DIGEST
Proposed law enacts the "Louisiana Equal Pay for Women Act."
Proposed law provides that the public policy of this state is declared to be that paying
unequal wages based on sex unjustly discriminates against the person receiving the lesser
rate.
Proposed law defines certain terms used within proposed law, including "employee" and
"labor organization."
Proposed law makes it unlawful for an employer who employs four or more employees to
pay wages to an employee at a rate less than the rate at which the employer pays wages to
another employee of the opposite sex for the same or substantially similar work.
Proposed law makes it unlawful for a labor organization or its agent to cause or attempt to
cause an employer to pay wages to an employee at a rate less than the rate at which the
employer pays wages to another employee of the opposite sex for the same or substantially
similar work.
Proposed law allows exceptions for instances where pay is made under a seniority system,
a merit system, a system that measures earnings by quantity or quality of production, or a
differential based on a factor other than sex as long as such system is job-related or furthers
a legitimate business purpose.
Proposed law provides that the legitimate business purpose may serve as an exception unless
the employee can show that some alternative business practice could have been utilized
without producing such a differential and the employer refused to adopt such alternative
practice.
Proposed law prohibits an employer from reducing an employee's pay in order to comply
with proposed law. Proposed law declares it unlawful for a person to discharge or
discriminate against an individual who has filed any charges, given any information, or
testified in any inquiry relating to any right provided under proposed law.
Proposed law provides that an employee who believes that his employer has violated a
provision of proposed law shall provide written notice to the employer of the violation. SB NO. 249
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Proposed law provides that an employer who receives written notice of a violation shall have
90 days to remedy the violation. Proposed law further provides that if the employer
remedies the violation within 90 days, the employee may not bring an action against the
employer. Proposed law provides that if the employer fails to remedy the violation, the
employee may file an action in a district court of competent jurisdiction.
Proposed law provides that an employer in violation of the provisions of proposed law may
be liable for damages inclusive of unpaid wages, an amount of one-half of unpaid wages in
liquidated damages, reasonable attorney fees, costs, employment, reinstatement, promotion,
and any benefits lost.
Proposed law provides that monetary relief for a violation of proposed law is limited to a
36-month period prior to the filing of the action in a district court of competent jurisdiction.
Proposed law provides that interim earnings by the employee shall reduce the amount of
damages. Proposed law provides that the employer and employee may settle for a lesser
amount of damages.
Proposed law provides an employer with reasonable damages, attorney fees, and court costs
when an employee is found by a court to have brought a frivolous claim.
Proposed law provides for a one-year prescriptive period in bringing any action to recover
from the time the employee knows about the violation.
Proposed law requires employers to make and preserve records that document names,
addresses, occupations of employees, and their wages. The records shall be preserved for
not less than three years.
Effective August 15, 2010.
(Adds R.S. 23:661-668)