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Legislators voted in favor of the Mississippi Equal Pay for Equal Work Act, which requires employers to pay comparable wages to people who do comparable work.

About The Bill

Mississippi’s House Bill 770 (HB770), also known as the Equal Pay for Equal Work Act, was created to prevent employers from paying “a wage at a rate less than the rate at which an employee of the opposite sex in the same establishment is paid for equal work on a job, the performance of which requires equal skill, effort and responsibility, and which is performed under similar working conditions.”

Employers are also prohibited from reducing the wages of current employees to ensure workers have comparable salaries. They also may not fire, discriminate against or take other actions against employees who call for the enforcement of this law.

Learn more.

Exceptions

The bill establishes some circumstances under which employers may pay different wages. They include:

• A seniority system;
• A merit system;
• A system which measures earnings by quantity or quality of production; or
• Any other factor other than sex, which includes but is not limited to:
• The salary history or continuity of employment history demonstrated by the employee as compared to employees of the opposite sex in the same establishment;
• The extent to which there was competition with other employers for the employee's services as compared to employees of the opposite sex in the same establishment; and
• The extent to which the employee attempted to negotiate for higher wages as compared to employees of the opposite sex in the same establishment.

Why The Law Was Passed

HB770 was established to help reduce a gender-based wage gap. Studies have shown that women are often paid less than men, even when they perform the same basic duties. Several states have passed similar laws to achieve the same goal.

Failure To Comply

If an employer is found to violate this law, the matter could be brought to a circuit court. Pending the court’s decision, the employer could be required to pay reasonable attorney's fees, prejudgment interest, back pay and costs of the action.

Individuals who bring a claim under this act must first waive any right to relief under the Equal Pay Act of 1963.

What Employers Should Know

Employers in Mississippi should be aware of this law and prepared for compliance. Organizations everywhere should know that many states are passing laws which are intended to help consumers get more opportunities, fair salaries and second chances.

It is essential for organizations to comply with all laws that are active wherever they operate. This includes ensuring your hiring, background screening and wage assessment policies are current and comprehensive. We recommend consulting with counsel and having them review your documents before they are approved and shared with people who are involved with the hiring process.

Background Screening Services

If your organization needs background checks for employment purposes, please contact us. Our experienced team can help you customize reports for any position, based on your specific needs, industry requirements and relevant laws. We are available to assist you Monday through Friday from 5am to 6pm PT.