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Labor and Employment - Equal Pay for Equal Work - Revisions

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Bill Number: 
HB0401
Bill Sponsor(s): 
Del. K. Young
Subject: 
Employment Issues
Committee: 
Economic Matters
Bill Summary: 

This bill establishes the Equal Pay Commission to study and promote research regarding wage disparities and the factors which cause or tend to cause disparities; the effects wage disparities have on the economy and families; actions that are likely to eliminate and prevent wage disparities; promote programs that are aimed at eliminating wage disparities and recommend specific legislation to eliminate wage disparities between men and women, and between minorities and non-minorities. Any member of the commission may enter a place of employment to inspect and copy any payroll or other records to compare the character of work, question individuals and obtain information deem reasonably necessary for the administration and enforcement of the bill. The commission is comprised of:

•2 business representatives

•2 labor representatives

•2 representatives from organizations whose objectives include the elimination of pay disparities

•3 representatives of higher education or research institutions who have experience and expertise in the collection and analysis of data concerning pay disparities and whose research has been used in those efforts

The bill also requires employers to include in any job announcement the following information:

•the minimum rate of pay

•the rate of pay method

•whether or not the position is eligible for overtime (and how overtime will be paid), and,

•any allowances

The employer may not pay the employee less than the minimum rate included in the announcement and may not ask, verbally or in writing, salary history information without written authorization from the employee or applicant.

Chamber Position: 
Oppose
Position Summary: 

The Maryland Chamber opposes this bill because it broadens the equal pay provisions under the law and are duplicative of many provisions already covered by the Equal Employment Opportunities Commission (EEOC). As well as create additional administrative burdens for businesses and raise several questions regarding the use and confidentially of the information viewed and requested by the Commission.

General Assembly: