Sec. 3. Enhanced enforcement of equal pay requirements
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/bill/116/hr/7/eh/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 6(d)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(d)(1) ) is amended— by striking No employer having and inserting
(A)No employer having ; by striking any other factor other than sex and inserting a bona fide factor other than sex, such as education, training, or experience ; and by inserting at the end the following: The bona fide factor defense described in subparagraph (A)(iv) shall apply only if the employer demonstrates that such factor
(i)is not based upon or derived from a sex-based differential in compensation;
(ii)is job-related with respect to the position in question;
(iii)is consistent with business necessity; and
(iv)accounts for the entire differential in compensation at issue. Such defense shall not apply where the employee demonstrates that an alternative employment practice exists that would serve the same business purpose without producing such differential and that the employer has refused to adopt such alternative practice. For purposes of subparagraph (A), employees shall be deemed to work in the same establishment if the employees work for the same employer at workplaces located in the same county or similar political subdivision of a State. The preceding sentence shall not be construed as limiting broader applications of the term establishment consistent with rules prescribed or guidance issued by the Equal Employment Opportunity Commission. . Section 15 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 215 ) is amended— in subsection (a)— in paragraph (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 (such as by inquiring or discussing with the employer why the wages of the employee are set at a certain rate or salary); ; in paragraph (5), by striking the period at the end and inserting ; or ; and by adding at the end the following: to require an employee to sign a contract or waiver that would prohibit the employee from disclosing information about the employee’s wages. ; and by adding at the end the following: Subsection (a)(3)(B) shall not apply to instances 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 such other employees to individuals who do not otherwise have access to such information, unless such disclosure is in response to a complaint or charge or in furtherance of an investigation, proceeding, hearing, or action under section 6(d), including an investigation conducted by the employer. Nothing in this subsection shall be construed to limit the rights of an employee provided under any other provision of law. . Section 16(b) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216(b) ) is amended— by inserting after the first sentence the following: Any employer who violates section 6(d) shall additionally be liable for such compensatory damages, or, where the employee demonstrates that the employer acted with malice or reckless indifference, punitive damages as may be appropriate, except that the United States shall not be liable for punitive damages. ; in the sentence beginning An action to , by striking the preceding sentences and inserting any of the preceding sentences of this subsection ; in the sentence beginning No employees shall , by striking No employees and inserting Except with respect to class actions brought to enforce section 6(d), no employee ; by inserting after the sentence referred to in paragraph (3), the following: Notwithstanding any other provision of Federal law, any action brought to enforce section 6(d) may be maintained as a class action as provided by the Federal Rules of Civil Procedure. ; and in the sentence beginning The court in — by striking in such action and inserting in any action brought to recover the liability prescribed in any of the preceding sentences of this subsection ; and by inserting before the period the following: , including expert fees . Section 16(c) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216(c) ) is amended— in the first sentence— by inserting or, in the case of a violation of section 6(d), additional compensatory or punitive damages, as described in subsection (b), before and the agreement ; and by inserting before the period the following: , or such compensatory or punitive damages, as appropriate ; in the second sentence, by inserting before the period the following: and, in the case of a violation of section 6(d), additional compensatory or punitive damages, as described in subsection
(b); in the third sentence, by striking the first sentence and inserting the first or second sentence ; and in the sixth sentence— by striking commenced in the case and inserting commenced— in the case ; by striking the period and inserting ; or ; and by adding at the end the following: in the case of a class action brought to enforce section 6(d), on the date on which the individual becomes a party plaintiff to the class action. .
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