Sec. 4. Job and wage analysis
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Section 16 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216 ) is amended by adding at the end the following: An employer shall not be liable in an action brought against the employer for a violation of section 6(d) if— during the period beginning on the date that is 3 years before the date on which the action is brought and ending on the date that is 1 day before the date on which the action is brought, such employer completes a job and wage analysis audit to determine whether there are differentials in wage rates among such employees that may violate section 6(d); such employer takes reasonable steps to remedy any such differentials; such job and wage analysis audit is conducted and such reasonable steps are taken in good faith to investigate whether any such differentials exist; and such audit is reasonable in detail and scope with respect to the size of the employer.
A job and wage analysis audit under this section and remedial action taken in response to the findings of such audit— may only be admissible by the employer for the purposes of showing— such audit was conducted; and such reasonable steps were taken; and shall not be discoverable or admissible for any other purpose in any claim against the employer. An employer who has not completed a job and wage analysis audit under this subsection shall not be subject to a negative or adverse inference as a result of not having completed such audit.
An employer who has completed a job and wage analysis audit that does not meet the requirements of subparagraph
(D)of paragraph
(1)but otherwise meets the requirements of such paragraph shall not be liable for liquidated damages under section 16(b). In this section— the term job and wage analysis audit means an audit conducted by the employer for the purpose of identifying wage disparities among employees on the basis of sex; and the term reasonable steps , with respect to differentials in wages among employees that may violate section 6(d), means steps that are reasonable to address such differentials taking into account— the amount of time that has passed since the date on which the audit was initiated; the nature and degree of progress resulting from such reasonable steps toward compliance with section 6(d) compared to the number of employees with respect to whom a violation may exist and the amount of the wage rate differentials among such employees; and the size and resources of the employer. .
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Sec. 4
Job and wage analysis
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