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Equal Pay Bill Approved By Maryland Legislature; Next Stop: Governor Hogan


Earlier this month, the Maryland legislature passed equal pay legislation that would supplement existing laws already in place.  (At this point, the bill is before Maryland Governor Larry Hogan.).  Under the bill approved by the legislature, an employer in the state would be prohibited from paying an employee a lower wage than another employee of the opposite sex or gender identity if both employees work in the same establishment and perform comparable work.  Of course, there are a few exceptions carved out which would allow different pay based upon non-discriminatory seniority or merit systems, or for jobs that require different skills or responsibilities.  Differences in wages would also be permitted for work performed on different shifts or at different times during the day.  In addition, exceptions are allowed for factors besides sex, such as job related education, training, and/or experience.

In addition, employers in Maryland would be restricted from prohibiting employees from discussing their wages with each other.  The bill goes further by also prohibiting employers from retaliating against employees who ask about, discuss, or disclose his/her wages or the wages of other employees.

Employers would be liable for violations of these equal pay laws if they "knew or reasonably should have known" they violated this law...which would allow aggrieved employees to recover actual damages, injunctive relief, plus liquidated damages and attorney's fees.

When I was in New Hampshire in February, Governor Hogan appeared at a town hall event with New Jersey Governor Chris Christie where the issue of equal pay came up.  While Governor Christie appeared to be in favor of equal pay, it is unclear if Governor Hogan followed the same line of thinking.  (Note, Governor Hogan did not address equal pay when he advocated on behalf of Governor Christie at the town hall.).

Stay tuned to see how this one progresses.


For additional information:  mgaleg.maryland.gov/2016RS/bills/hb/hb1003e.pdf

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