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North Dakota Equal Pay/Comparable Worth: What you need to know

The North Dakota Equal Pay Act (ND Cent. Code Sec. 34-06.1-01 et seq.) requires that men and women be paid equally for comparable work on jobs that have comparable requirements relating to skill, effort, and responsibility. The only permissible reasons for pay differentials are:
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• Seniority systems
• Systems that measure earnings by quantity or quality of production
• Job descriptive systems
• Merit pay systems
• A bona fide factor other than gender, such as education, training, or experience
The law also prohibits retaliating against any employee for complaining about an equal pay violation or participating in the investigation or hearing of a complaint under the Equal Pay Act. An agreement by an employee to accept less than the full wage paid to employees of the opposite gender for the same work is not legally enforceable.
Effective August 1, 2015, an unlawful employment practice occurs under the law when:
• A discriminatory compensation decision or practice is adopted;
• An individual becomes subject to a discriminatory compensation decision or practice; or
• An individual is affected by application of a discriminatory compensation decision or other practice, including each time wages, benefits, or other compensation is paid resulting in whole or in part from the discriminatory decision or practice.
Records. Employers must make, keep, and maintain records of an employee’s wages, wage rates, job classifications, and other terms and conditions of employment as long the employee is employed and for 2 years after employment terminates.
The North Dakota Human Rights Act prohibits an employer from pay discrimination on the basis of race, color, religion, sex (including pregnancy, ...

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