SLS 20RS-324 ORIGINAL
2020 Regular Session
SENATE BILL NO. 77
BY SENATOR BOUIE
PUBLIC CONTRACTS. Requires any contractor who bids on or enters into a contract with
a public entity to comply with the Louisiana Equal Pay for Women Act. (8/1/20)
1 AN ACT
2 To enact Chapter 27 of Title 39 of the Louisiana Revised Statutes of 1950, to be comprised
3 of R.S. 39:2301 through 2304, relative to public contracts; to require compliance
4 with the Louisiana Equal Pay for Women Act by any contractor who bids on or
5 enters into a contract with a public entity; to require employers who contract with a
6 public entity to pay employees who perform the same kind, grade, and quality of
7 service equally regardless of sex; to provide for certification of compliance; to
8 provide for enforcement and penalties; to provide definitions; and to provide for
9 related matters.
10 Be it enacted by the Legislature of Louisiana:
11 Section 1. Chapter 27 of Title 39 of the Louisiana Revised Statutes of 1950,
12 comprised of R.S. 39:2301 through 2304, is hereby enacted to read as follows:
13 CHAPTER 27. EQUAL PAY IN PUBLIC GOVERNMENT CONTRACTS
14 §2301. Definitions
15 For purposes of this Chapter, the following terms have the meanings
16 ascribed to them by this Section, except where the context clearly indicates
17 otherwise:
Page 1 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 77
SLS 20RS-324 ORIGINAL
1 (1) "Contractor" means any person, firm, association, limited liability
2 company, or corporation that desires to submit a bid for or enter into a contract
3 with the state in return for performing any work or services pursuant to a
4 contract awarded by any public entity to perform construction or repair work
5 or to provide supplies, materials, or equipment.
6 (2) "Public entity" means any state department, office, division,
7 commission, council, board, bureau, committee, institution, agency, government
8 corporation, or other establishment or official of the executive or judicial
9 branches of state government.
10 §2302. Pay equality; public contracts
11 A. Any contractor who submits a bid or enters into a contract with any
12 public entity shall pay all persons in his employ in compliance with the
13 Louisiana Equal Pay for Women Act, Chapter 6-A of Title 23 of the Louisiana
14 Revised Statutes of 1950, consisting of R.S. 23:661 et seq., relative to state
15 employees.
16 B. The provisions of this Section shall apply to all contracts involving the
17 expenditure of public monies regardless of the amount and shall apply to both
18 formal and informal bids.
19 §2303. Affidavit
20 Any contractor who submits a bid or enters into a contract with a public
21 entity shall submit a sworn affidavit to the public entity to attest to all of the
22 following:
23 (1) The contractor's pay practices conform to the pay practices provided
24 in the Louisiana Equal Pay for Women Act.
25 (2) The contractor shall continue, during the term of the contract, to
26 comply with the Louisiana Equal Pay for Women Act.
27 (3) The contractor shall require every subcontractor to submit to the
28 contractor a sworn affidavit verifying the subcontractor's compliance with the
29 Louisiana Equal Pay for Women Act.
Page 2 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 77
SLS 20RS-324 ORIGINAL
1 (4) The contractor shall create and preserve records reflecting the name,
2 address, and position of each employee, and all wages paid to each employee.
3 The contractor shall make the records available to the public entity for
4 inspection and copying upon reasonable notice during normal working hours.
5 The records shall be preserved for not less than three years from the completion
6 or acceptance of the contract by the public entity.
7 §2304. Penalties
8 A. Any violation of the provisions of this Chapter shall render the
9 contract null and void.
10 B. In addition to cancellation of the contract, any contractor who
11 violates the provisions of this Chapter is subject to penalties provided in R.S.
12 23:666.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Sharon F. Lyles.
DIGEST
SB 77 Original 2020 Regular Session Bouie
Present law, cited as the La. Equal Pay for Women Act (R.S. 23:661 et seq.), provides for
pay equality for women who are employees of any department, office, division, agency,
commission, board, committee, or other organizational unit of the state.
Present law prohibits pay discrimination based on sex and provides for definitions,
procedures, exceptions, a complaint procedure, damages, and a limitation of actions.
Proposed law provides for equal pay in public government contracts and requires that any
contractor who enters into a contract with a public entity to comply with the provisions of
present law.
Proposed law provides definitions for "contractor" and "public entity".
Proposed law requires any contractor or subcontractor who enters into a contract with a
public entity to submit an affidavit certifying compliance with present law.
Proposed law requires the contractor to keep and maintain employee records containing each
employee's name, address, position, and wages for not less than three years from the
completion or acceptance of the contract.
Proposed law provides for penalties for violations of proposed law including cancellation
of the contract and additionally, penalties in R.S. 23:666 including unpaid wages, reasonable
attorney fees, and costs.
Effective August 1, 2020.
(Adds R.S. 39:2301-2304)
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.