New Hampshire’s Equal Pay Act, R.S.A. 275:37 has new language which became effective January 1, 2015. Just as before, the new version of the Act, set forth at R.S.A. 275:37-1, is intended to prevent discrimination in pay on the basis of sex. The newly effective Equal Pay Act does contain some important changes.
Going forward, the Equal Pay Act applies to employers and “persons seeking employers” (i.e. prospective employers). The new language also clarifies that the prohibition against paying different sexes different rates of pay for performing equal work. Elucidating this requirement, the new statutory language lists specific exceptions to the prohibition, for example when the difference in pay between the sexes is based on a legitimate seniority system, a merit or performance-based system, shift differentials, or any other demonstrable factor other than sex, like education or expertise. The full text of the new statute can be found here.
There is also a new mandatory equal pay poster that employers are required to display in a conspicuous location in the workplace. It discusses certain rights and obligations give under state and federal equal pay law, including the prohibition against retaliating against an employee who asserts his or her legal rights in this regard, as well as information about the means and limitations for filing complaints of violations of the law. The new mandatory poster can be found here, and on the New Hampshire Department of Labor’s website.