Maryland Enacts Equal Pay for Equal Work Act

Women in the United States on average earn 79 cents for every dollar that a comparable male worker earns.  In the state of Maryland, women earn 84.3 cents for every dollar compared to male workers.  While equal pay for equal work has been a priority in Maryland, they have made tremendous strides; however, any gap in pay is unacceptable.  Demonstrating the state’s commitment to bridging this gap, on October 1, 2016, the Maryland Equal Pay for Equal Work Act goes into effect.  This Act will apply to all employers.

What the Equal Pay for Equal Work Act Covers

The Act provides coverage as follows:

1. Under the new law, employers may not discriminate by paying employees of one sex at a rate higher than the rate paid to employees of the opposite sex who work in the same establishment and performs comparable work.
2. Employers may not assign less favorable employment opportunities to employees based upon gender.

The Act acknowledges that variations in pay may exist regardless of gender based upon the following:

• Seniority systems
• Merit systems
• Jobs that require different abilities and skills
• Jobs that require regular performance of different duties or services
• Work performed on different shifts at different times of days

Employer Requirements

Employers will be required to ensure that company documentation is maintained concerning:

• Wages of employees
• Job classifications of employees
• Other conditions of employment and wages

An employer who violates any provision of the Equal Pay for Equal Work Act will be guilty of a misdemeanor, and on conviction is subject to a fine not to exceed $300.  Stay tuned for an upcoming notice that employers will need to post.  In addition, you can plan ahead for 2017 and purchase the state of Maryland all-in-one poster which meets all state and federal labor posting requirements.  The Labor Law Center is your complete labor law poster compliance company.