New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 275:37 (2024)
Equal Pay
✓ 2024 N.H. RSA (Justia copy): later sessions are not included
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275:37 Equal Pay. –
I. No employer or person seeking employees shall discriminate between employees on the basis of sex by paying employees of one sex at a rate less than the rate paid to employees of the other sex for equal work that requires equal skill, effort, and responsibility and is performed under similar working conditions, except where such payment is made pursuant to:
(a) A seniority system;
(b) A merit or performance-based system;
(c) A system which measures earnings by quantity or quality of production;
(d) Expertise;
(e) Shift differentials;
(f) A demonstrable factor other than sex, such as education, training, or experience.
II. An employer who is paying wages in violation of this section shall not reduce the wage rate of any other employee in order to comply with this section.
I. No employer or person seeking employees shall discriminate between employees on the basis of sex by paying employees of one sex at a rate less than the rate paid to employees of the other sex for equal work that requires equal skill, effort, and responsibility and is performed under similar working conditions, except where such payment is made pursuant to:
(a) A seniority system;
(b) A merit or performance-based system;
(c) A system which measures earnings by quantity or quality of production;
(d) Expertise;
(e) Shift differentials;
(f) A demonstrable factor other than sex, such as education, training, or experience.
II. An employer who is paying wages in violation of this section shall not reduce the wage rate of any other employee in order to comply with this section.
Source. 1947, 193:2. 2000, 133:1, eff. Jan. 1, 2001. 2014, 227:1, eff. Jan. 1, 2015.
Notes of Decisions
Cited in 5
cases, 1995–2012 · leading case: Gardner v. Blue Mountain Forest Ass'n, 902 F. Supp. 14 (D.N.H. 1995).
Gardner v. Blue Mountain Forest Ass'n, 902 F. Supp. 14 (D.N.H. 1995). “RSA 275:41 provides that: Any action to recover unpaid wages and liquidated damages based on violation of RSA 275:37, must be commenced within one year of the accrual thereof and not afterwards.”
Bartholomew v. Delahaye, No. CV-95-20-B (D.N.H. Nov. 8, 1995). “§ 354 -A:l (1984) and New Hampshire's Egual Pay Act, N.H. Rev. Stat. Ann. § 275:37 - 4 - (1984) (Count II); 3) Via defendant Hasl, defendants assaulted, falsely imprisoned, and intentionally inflicted emotional distress on plaintiff (Counts III-V); 4) Defendants wrongfully…”
Masso v. City of Manchester, et al., 2012 DNH 062 (D.N.H. 2012). “§ 206 (d)(1) (“EPA”), and its state-law analog, N.H. Rev. Stat. Ann. § 275:37 ; and violation of the Fair Labor Standards Act, 29 U.”
Peck v. NGM Ins., No. CV-94-90-B, 1995 WL 515628 (D.N.H. June 21, 1995). “§ 275:37 (1987) (Count I), and the Fair Labor Standards Act, 29 U.”
Gardner v. Blue Mountain, No. CV-94-599-M (D.N.H. July 27, 1995). “Although the New Hampshire Supreme Court has not yet interpreted the language of this statute, it is clear and unambiguous.”
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