Sec. 3. Nonretaliation provision
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/bill/114/s/2070/is/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 15 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 215 ) is amended— in subsection (a)(3), by striking employee has filed and all that follows and inserting employee— has made a charge or filed any complaint or instituted or caused to be instituted any investigation, proceeding, hearing, or action under or related to this Act, including an investigation conducted by the employer, or has testified or is planning to testify or has assisted or participated in any manner in any such investigation, proceeding, hearing, or action, or has served or is planning to serve on an industry committee; or has inquired about, discussed, or disclosed the wages of the employee or another employee, or has declined to discuss or disclose the wages of the employee; ; and by adding at the end the following:
Subsection (a)(3)(B) shall not apply to an instance in which an employee who has access to the wage information of other employees as a part of such employee’s essential job functions discloses the wages of any of such other employees to an individual who does not otherwise have access to such information, unless such disclosure is in response to a charge or complaint or in furtherance of an investigation, proceeding, hearing, or action under or related to section 6(d), including an investigation conducted by the employer.
Subsection (a)(3)(B) shall not apply to an instance in which an employee engages in an inquiry, discussion, or disclosure that is prohibited by the terms and conditions of a provision, applicable to the employee, of— a confidential settlement; a severance agreement; a noncompete, nondisclosure, or nondisparagement clause of an agreement; or any post-employment agreement similar to an agreement described in subparagraph
(A)or (B), or a clause described in subparagraph (C). Any employer who requires an employee to sign a contract or waiver (other than a provision described in paragraph (2)) that would prohibit the employee from disclosing information about the employee's wages shall be considered to have committed an unlawful act under subsection (a)(3)(B). Nothing in this subsection shall be construed to limit the rights of an employee provided under any other provision of law. .
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Sec. 3
Nonretaliation provision
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