HOUSE BILL 435

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Al Park

AN ACT

RELATING TO WAGES; PROHIBITING WAGE DISCRIMINATION BASED UPON GENDER; PROVIDING FOR ENFORCEMENT OF THE PROHIBITION; PROVIDING PUBLIC AND PRIVATE REMEDIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. PROHIBITION AGAINST WAGE DISCRIMINATION BASED UPON GENDER.--

          A. An employer shall not pay an employee a wage rate that is lower than the wage rate paid to an employee of the opposite gender in the same establishment for equal work on the same job that requires equal skill, effort and responsibility, and that is performed under similar working conditions except where the payment is made pursuant to the following:

                (1) a seniority system;

                (2) a merit system;

                (3) a system that measures earnings by quantity or quality of production; or

                (4) a differential based on a factor other than gender.

          B. Notwithstanding an agreement to work for a lower wage, an employee receiving less than the wage to which the employee is entitled may recover in a civil action from the employer who violates Subsection A of this section back wages and costs, including attorney fees.

          C. A civil action to recover wages pursuant to this section shall not be commenced later than two years after the cause of action accrues.

          D. If an employee recovers amounts due the employee pursuant to this section and also files a complaint or brings an action pursuant to 29 U.S.C. 206(d) that results in an additional recovery under federal law for the same violation, the employee shall return to the employer the amount recovered pursuant to this section or the amount recovered under federal law, whichever is less.

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2005.

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