SB 210: Compelling Companies to Establish “Equal Pay” Processes

This Bill did not reach a vote in the Senate.

Libertas Institute opposes this bill.

Senate Bill 210, sponsored by Senator Jake Anderegg, forces companies to adopt and disclose to employees a written policy that is used by the employer to determine how employees are compensated, or which benefits are provided, based on the employee’s performance. The sponsor’s intent is to address the issue of women not being paid as much as men for similar work.

The mandate applies to companies that employ 15 or more individuals in Utah for 20 or more weeks of the year.

The bill also prohibits employers from changing the criteria in these policies within six months of when they apply to an employee, to delay the ability of an employer to change the compensation expectations of each employee.

Additionally, the bill requires the Department of Workforce Services to “conduct a study that analyzes any difference in pay between men and women in the state” and present the findings to the legislature. The department is also required to “create and maintain an index of the current pay range for individuals employed in [each] occupation in the state.” Finally, the department is required to (using taxpayer dollars) “conduct an advertising campaign to promote the availability and utility” of the index.

It is not the proper role of government to compel a business owner to adopt and disclose a compensation policy, nor is it a justified use of taxpayer dollars to study and catalog employee wages, nor conduct an advertising campaign of the same.