Report Title:

Equal Pay

 

Description:

Prohibits employers from paying 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, except when the difference in compensation is based on a seniority system, a merit system, a system that measures earnings by quantity or quality of production, a bona fide occupational qualification, or a differential based on any factor other than sex. (HB2025 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

2025

TWENTY-SECOND LEGISLATURE, 2004

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to equal pay.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The purpose of this Act is to prohibit employers from paying 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, except when the difference in compensation is based on a seniority system, a merit system, a system that measures earnings by quantity or quality of production, a bona fide occupational qualification, or a differential based on any factor other than sex.

It is the intent of the legislature that nothing in this Act shall be construed to require an employer to pay to any employee at a workplace in a particular county wages that are equal to the wages paid by that employer to employees at a workplace in another county, even though the employees perform jobs that require equal skill, effort, and responsibility and that are performed under similar working conditions.

SECTION 2. Chapter 378, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"378-    Equal pay. (a) Except as otherwise provided in subsection (b), no employer shall 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 on jobs the performance of which requires equal skill, effort, and responsibility and which are performed under similar working conditions.

(b) Nothing in this section shall prevent an employer from compensating employees of the opposite sex at different rates if the difference in compensation is based on any of the following criteria:

(1) A seniority system;

(2) A merit system;

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

(4) A bona fide occupational qualification; or

(5) A differential based on any factor other than sex."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.