Texas, New York, And Massachusetts Statutes On Kansas State Pay Equity Case Law

1669 Words Sep 27th, 2016 7 Pages
B. Assessing the impact of the California, New York, and Massachusetts statutes on Kansas state pay equity case law

With respect to the four divisions differentiating state pay equity statutes nationally, Kansas’s current pay equity statute applies to all employers, public and private, and falls into the “equal work” or “equal worth” category with twenty-one other states. Kansas’s law does not include language that would potentially broaden the scope of comparison employees bringing claims under the statute could use for support. For example, the state does not allow for comparison of “similar working conditions” — the statute only allows for equality of the employee work and environments being evaluated. Despite its lack of flexibility when compared to California, New York, and Massachusetts’ statutory provisions, however, Kansas’s pay equity law does reflect language frequently used in its counterparts in other states.
Provisions governing damages for wage discrimination in Kansas mirror other states’ statutes but add monetary penalties for certain conduct. Kansas’s law requires employers in violation of the statute to pay employees the total amount of unpaid wages and overtime compensation, notwithstanding any agreement between the employer and employee. The statute allows for a minimum $250 and maximum $1,000 fine for violations of its pay equity provision. Kansas’s law does include an anti-retaliation provision: Employers that fire or broadly discriminate…

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