(1) No employer shall discriminate between employees in the same establishment on the basis of sex, by paying wages to any employee in such establishment at a wage rate less than the rate at which the employer pays any employee of the opposite sex in such establishment for equal work on jobs which require equal skill, effort and responsibility under similar working conditions. Wage differentials are not within this prohibition where such payments are made pursuant to: (a) An established seniority system; (b) a merit increase system; or (c) a system which measures earning by quantity or quality of production or any factor other than sex.
(2) An employer who is paying a wage differential in violation of the provisions of sections 48-1219 to 48-1227 shall not, in order to comply with it, reduce the wage rates of any employee.
(3) No person shall cause or attempt to cause an employer to discriminate against any employee in violation of the provisions of sections 48-1219 to 48-1227.
(4) No employer may discharge or discriminate against any employee by reason of any action taken by such employee to invoke or assist in any manner the enforcement of the provisions of sections 48-1219 to 48-1227.
Notes of Decisions
Cited in
8
cases (
3 in the last 5 years), 2015–2021 · leading case:
Knapp v. Ruser, 297 Neb. 639 (Neb. 2017).
Knapp v. Ruser, 297 Neb. 639 (Neb. 2017).
· cites it 14× “§ 48-1221 (1) (Reissue 2010) is patterned after the federal Equal Pay Act, 29 U.”
Knapp v. Ruser, 145 F. Supp. 3d 846 (D. Neb. 2015).
· cites it 4× “For reasons discussed below, the Court finds that it lacks jurisdiction to hear these state law claims due to the Defendants’ sovereign immunity- Nebraska law allows a plaintiff to sue the state for violations of both the NFEPA and Neb.Rev.Stat. § 48-1221 “in the same manner as…”
Barbara Perry v. Zoetis LLC, 8 F.4th 677 (8th Cir. 2021).
“’s positions called for different skills and had materially different responsibilities than Perry’s. Perry says that she actually performed all the duties of M.”
Perry v. Zoetis LLC (D. Neb. 2020).
· cites it 6× “” Neb. Rev. Stat. § 48-1221 (1). However, “[w]age differentials are not within this prohibition where such payments are made pursuant to: (a) An established seniority system; (b) a merit increase system; or (c) a system which 10 measures earning by quantity or quality of…”
Peniska v. Cj Foods Inc. (D. Neb. 2021).
· cites it 3× “§ 48-1221 ; claims for discrimination and retaliation on the basis of sex and race under Title VII of the Civil Rights Act of 1964, 42 U.”
Peniska v. Cj Foods Inc. (D. Neb. 2019).
· cites it 2× “§ 206 (d) (“EPA”), and the Nebraska Equal Pay Act, Neb. Rev. Stat. § 48-1221 (“NEPA”). Courts analyze NEPA claims under the same standards as federal EPA claims.”
Peniska v. Cj Foods Inc. (D. Neb. 2019).
· cites it 2× “§ 206 (d), and the Nebraska Equal Pay Act, Neb. Rev. Stat. § 48-1221 , and such claims shall proceed to service of process.”
Closser v. P.C.C.W. Teleservices (US) Inc. (D. Neb. 2021).
· cites it 2× “§ 206 (d), and the Nebraska Equal Pay Act, Neb. Rev. Stat. § 48-1221 . The court cautions Plaintiff that allowing these claims to proceed to service of process is not a determination of the merits of the claims or potential defenses to them.”
— Neb. Rev. Stat. § 48-1221(1) — 3 cases
Knapp v. Ruser, 297 Neb. 639 (Neb. 2017).
“§ 48-1221 (1) (Reissue 2010) is patterned after the federal Equal Pay Act, 29 U.”
Perry v. Zoetis LLC (D. Neb. 2020).
“” Neb. Rev. Stat. § 48-1221 (1). However, “[w]age differentials are not within this prohibition where such payments are made pursuant to: (a) An established seniority system; (b) a merit increase system; or (c) a system which 10 measures earning by quantity or quality of…”
Peniska v. Cj Foods Inc. (D. Neb. 2021).
“§ 48-1221 ; claims for discrimination and retaliation on the basis of sex and race under Title VII of the Civil Rights Act of 1964, 42 U.”
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