Us Congress 2023-2024 Regular Session

Us Congress House Bill HB1600 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	I
2	2	118THCONGRESS
3	3	1
4	4	STSESSION H. R. 1600
5	5	To amend the Fair Labor Standards Act of 1938 to prohibit certain practices
6	6	by employers relating to restrictions on discussion of employees’ and
7	7	prospective employees’ salary and benefit history, and for other purposes.
8	8	IN THE HOUSE OF REPRESENTATIVES
9	9	MARCH14, 2023
10	10	Ms. N
11	11	ORTONintroduced the following bill; which was referred to the
12	12	Committee on Education and the Workforce
13	13	A BILL
14	14	To amend the Fair Labor Standards Act of 1938 to prohibit
15	15	certain practices by employers relating to restrictions
16	16	on discussion of employees’ and prospective employees’
17	17	salary and benefit history, and for other purposes.
18	18	Be it enacted by the Senate and House of Representa-1
19	19	tives of the United States of America in Congress assembled, 2
20	20	SECTION 1. SHORT TITLE. 3
21	21	This Act may be cited as the ‘‘Pay Equity for All 4
22	22	Act of 2023’’. 5
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25	25	•HR 1600 IH
26	26	SEC. 2. PROHIBITIONS RELATING TO PROSPECTIVE EM-1
27	27	PLOYEES’ SALARY AND BENEFIT HISTORY. 2
28	28	(a) I
29	29	NGENERAL.—The Fair Labor Standards Act of 3
30	30	1938 (29 U.S.C. 201 et seq.) is amended by inserting 4
31	31	after section 7 the following new section: 5
32	32	‘‘SEC. 8. REQUIREMENTS AND PROHIBITIONS RELATING TO 6
33	33	WAGE, SALARY, AND BENEFIT HISTORY. 7
34	34	‘‘(a) I
35	35	NGENERAL.—It shall be an unlawful practice 8
36	36	for an employer to— 9
37	37	‘‘(1) rely on the wage history of a prospective 10
38	38	employee in considering the prospective employee for 11
39	39	employment, including requiring that a prospective 12
40	40	employee’s prior wages satisfy minimum or max-13
41	41	imum criteria as a condition of being considered for 14
42	42	employment; 15
43	43	‘‘(2) rely on the wage history of a prospective 16
44	44	employee in determining the wages for such prospec-17
45	45	tive employee, except that an employer may rely on 18
46	46	wage history if it is voluntarily provided by a pro-19
47	47	spective employee, after the employer makes an offer 20
48	48	of employment with an offer of compensation to the 21
49	49	prospective employee, to support a wage higher than 22
50	50	the wage offered by the employer; 23
51	51	‘‘(3) seek from a prospective employee or any 24
52	52	current or former employer the wage history of the 25
53	53	prospective employee, except that an employer may 26
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56	56	•HR 1600 IH
57	57	seek to confirm prior wage information only after an 1
58	58	offer of employment with compensation has been 2
59	59	made to the prospective employee and the prospec-3
60	60	tive employee responds to the offer by providing 4
61	61	prior wage information to support a wage higher 5
62	62	than that offered by the employer; or 6
63	63	‘‘(4) discharge or in any other manner retaliate 7
64	64	against any employee or prospective employee be-8
65	65	cause the employee or prospective employee— 9
66	66	‘‘(A) opposed any act or practice made un-10
67	67	lawful by this section; or 11
68	68	‘‘(B) took an action for which discrimina-12
69	69	tion is forbidden under section 15(a)(3). 13
70	70	‘‘(b) D
71	71	EFINITION.—In this section, the term ‘wage 14
72	72	history’ means the wages paid to the prospective employee 15
73	73	by the prospective employee’s current employer or previous 16
74	74	employer.’’. 17
75	75	(b) P
76	76	ENALTIES.—Section 16 of such Act (29 U.S.C. 18
77	77	216) is amended by adding at the end the following new 19
78	78	subsection: 20
79	79	‘‘(f)(1) Any person who violates the provisions of sec-21
80	80	tion 8 shall— 22
81	81	‘‘(A) be subject to a civil penalty of $5,000 for 23
82	82	a first offense, increased by an additional $1,000 for 24
83	83	each subsequent offense, not to exceed $10,000; and 25
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86	86	•HR 1600 IH
87	87	‘‘(B) be liable to each employee or prospective 1
88	88	employee who was the subject of the violation for 2
89	89	special damages not to exceed $10,000 plus attor-3
90	90	neys’ fees, and shall be subject to such injunctive re-4
91	91	lief as may be appropriate. 5
92	92	‘‘(2) An action to recover the liability described in 6
93	93	paragraph (1)(B) may be maintained against any em-7
94	94	ployer (including a public agency) in any Federal or State 8
95	95	court of competent jurisdiction by any one or more em-9
96	96	ployees or prospective employees for and on behalf of— 10
97	97	‘‘(A) the employees or prospective employees; 11
98	98	and 12
99	99	‘‘(B) other employees or prospective employees 13
100	100	similarly situated.’’. 14
101	101	Æ
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