New Mexico takes a big step forward in achieving wage equality for women with the recent passage of the Fair Pay for Women Act. Effective June 14, 2013, getting equal pay may be easier for New Mexico workers of either sex. That’s because the law protects both women and men from wage discrimination.
Wage Discrimination Prohibited
Employers may not pay wages to an employee at a rate less than the rate the employer pays to employees of the opposite sex for equal work on jobs requiring equal skill, effort and responsibility and that are performed under similar working conditions. Employers may pay different wages based on seniority, merit or other system that measures earnings by quantity or quality of production.
Retaliation Prohibited
Employers are prohibited from retaliating against an employee for asserting a claim or right under the law, assisting another person to do so, or for informing another person about their rights under the law.
Employee Right to Sue
The Act allows employees to bring wage discrimination claims directly to court without first filing a complaint with an administrative agency. An employee has two years from the last date of employment to file legal action.
Available Remedies
A court can order the employment, reinstatement, promotion, payment of unpaid wages and other damages. The court can also award attorney’s fees. A court also may require an employer to post in the workplace a notice describing the employer’s violations.
Recommendations
Employers in New Mexico should consider reviewing their job descriptions and pay policies to ensure compliance with the Act. The law applies to all employers with at least four employees. The law takes effect June 14, 2013.