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Us Congress Senate Bill SB728

Us Congress 2023-2024 Regular Session

Us Congress Senate Bill SB728 Compare Versions

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11 II
2-Calendar No. 134
32 118THCONGRESS
43 1
54 STSESSION S. 728
65 To amend the Fair Labor Standards Act of 1938 to provide more effective
76 remedies to victims of discrimination in the payment of wages on the
87 basis of sex, and for other purposes.
98 IN THE SENATE OF THE UNITED STATES
109 MARCH9, 2023
1110 Mrs. M
1211 URRAY(for herself, Mr. SCHUMER, Mr. SANDERS, Ms. CORTEZMASTO,
1312 Mr. R
1413 EED, Mr. LUJA´N, Mr. MERKLEY, Ms. HIRONO, Mr. PADILLA, Ms.
1514 C
1615 ANTWELL, Mr. SCHATZ, Mr. FETTERMAN, Mr. CASEY, Mr. MURPHY,
1716 Mr. M
1817 ARKEY, Mr. BROWN, Mr. HICKENLOOPER, Mr. KING, Mr. KAINE,
1918 Ms. S
2019 INEMA, Mr. WELCH, Mr. BOOKER, Mrs. FEINSTEIN, Ms. STABE-
2120 NOW, Ms. WARREN, Mr. MENENDEZ, Mr. CARPER, Mr. WARNER, Ms.
2221 B
2322 ALDWIN, Ms. SMITH, Ms. KLOBUCHAR, Mr. BLUMENTHAL, Mrs. GILLI-
2423 BRAND, Mr. VANHOLLEN, Mr. WARNOCK, Ms. DUCKWORTH, Mrs. SHA-
2524 HEEN, Mr. HEINRICH, Mr. DURBIN, Mr. WHITEHOUSE, Mr. COONS, Mr.
2625 K
2726 ELLY, Ms. HASSAN, Mr. CARDIN, Ms. ROSEN, Mr. WYDEN, Mr. BEN-
2827 NET, Mr. MANCHIN, Mr. OSSOFF, Mr. TESTER, and Mr. PETERS) intro-
2928 duced the following bill; which was read twice and referred to the Com-
3029 mittee on Health, Education, Labor, and Pensions
31-J
32-ULY18, 2023
33-Reported by Mr. S
34-ANDERS, without amendment
3530 A BILL
3631 To amend the Fair Labor Standards Act of 1938 to provide
3732 more effective remedies to victims of discrimination in
3833 the payment of wages on the basis of sex, and for other
3934 purposes.
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42-•S 728 RS
4335 Be it enacted by the Senate and House of Representa-1
4436 tives of the United States of America in Congress assembled, 2
45-SECTION 1. SHORT TITLE. 3
46-This Act may be cited as the ‘‘Paycheck Fairness 4
47-Act’’. 5
48-SEC. 2. FINDINGS. 6
49-Congress finds the following: 7
50-(1) Women have entered the workforce in 8
51-record numbers over the past 50 years. 9
52-(2) Despite the enactment of the Equal Pay Act 10
53-of 1963, many women continue to earn significantly 11
54-lower pay than men for equal work. These pay dis-12
55-parities exist in both the private and governmental 13
56-sectors. Pay disparities are especially severe for 14
57-women and girls of color. 15
58-(3) In many instances, the pay disparities can 16
59-only be due to continued intentional discrimination 17
60-or the lingering effects of past discrimination. After 18
61-controlling for educational attainment, occupation, 19
62-industry, union status, race, ethnicity, and labor 20
63-force experience roughly 40 percent of the pay gap 21
64-remains unexplained. 22
65-(4) The existence of such pay disparities— 23
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68-•S 728 RS
69-(A) depresses the wages of working fami-1
70-lies who rely on the wages of all members of the 2
71-family to make ends meet; 3
72-(B) undermines women’s retirement secu-4
73-rity, which is often based on earnings while in 5
74-the workforce; 6
75-(C) prevents women from realizing their 7
76-full economic potential, particularly in terms of 8
77-labor force participation and attachment; 9
78-(D) has been spread and perpetuated, 10
79-through commerce and the channels and instru-11
80-mentalities of commerce, among the workers of 12
81-the several States; 13
82-(E) burdens commerce and the free flow of 14
83-goods in commerce; 15
84-(F) constitutes an unfair method of com-16
85-petition in commerce; 17
86-(G) tends to cause labor disputes, as evi-18
87-denced by the tens of thousands of charges filed 19
88-with the Equal Employment Opportunity Com-20
89-mission against employers between 2010 and 21
90-2016; 22
91-(H) interferes with the orderly and fair 23
92-marketing of goods in commerce; and 24
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95-•S 728 RS
96-(I) in many instances, may deprive workers 1
97-of equal protection on the basis of sex in viola-2
98-tion of the 5th and 14th Amendments to the 3
99-Constitution. 4
100-(5)(A) Artificial barriers to the elimination of 5
101-discrimination in the payment of wages on the basis 6
102-of sex continue to exist decades after the enactment 7
103-of the Fair Labor Standards Act of 1938 (29 U.S.C. 8
104-201 et seq.) and the Civil Rights Act of 1964 (42 9
105-U.S.C. 2000a et seq.). 10
106-(B) These barriers have resulted, in significant 11
107-part, because the Equal Pay Act of 1963 has not 12
108-worked as Congress originally intended. Improve-13
109-ments and modifications to the law are necessary to 14
110-ensure that the Act provides effective protection to 15
111-those subject to pay discrimination on the basis of 16
112-their sex. 17
113-(C) Elimination of such barriers would have 18
114-positive effects, including— 19
115-(i) providing a solution to problems in the 20
116-economy created by unfair pay disparities; 21
117-(ii) substantially reducing the number of 22
118-working women earning unfairly low wages, 23
119-thereby reducing the dependence on public as-24
120-sistance; 25
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123-•S 728 RS
124-(iii) promoting stable families by enabling 1
125-all family members to earn a fair rate of pay; 2
126-(iv) remedying the effects of past discrimi-3
127-nation on the basis of sex and ensuring that in 4
128-the future workers are afforded equal protection 5
129-on the basis of sex; and 6
130-(v) ensuring equal protection pursuant to 7
131-Congress’ power to enforce the 5th and 14th 8
132-Amendments to the Constitution. 9
133-(6) The Department of Labor and the Equal 10
134-Employment Opportunity Commission carry out 11
135-functions to help ensure that women receive equal 12
136-pay for equal work. 13
137-(7) The Department of Labor is responsible 14
138-for— 15
139-(A) collecting and making publicly avail-16
140-able information about women’s pay; 17
141-(B) ensuring that companies receiving 18
142-Federal contracts comply with anti-discrimina-19
143-tion affirmative action requirements of Execu-20
144-tive Order 11246 (relating to equal employment 21
145-opportunity); 22
146-(C) disseminating information about wom-23
147-en’s rights in the workplace; 24
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150-•S 728 RS
151-(D) helping women who have been victims 1
152-of pay discrimination obtain a remedy; and 2
153-(E) investigating and prosecuting systemic 3
154-gender based pay discrimination involving gov-4
155-ernment contractors. 5
156-(8) The Equal Employment Opportunity Com-6
157-mission is the primary enforcement agency for 7
158-claims made under the Equal Pay Act of 1963, and 8
159-issues regulations and guidance on appropriate in-9
160-terpretations of the law. 10
161-(9) Vigorous implementation by the Depart-11
162-ment of Labor and the Equal Employment Oppor-12
163-tunity Commission, increased information as a result 13
164-of the amendments made by this Act, wage data, 14
165-and more effective remedies, will ensure that women 15
166-are better able to recognize and enforce their rights. 16
167-(10) Certain employers have already made 17
168-great strides in eradicating unfair pay disparities in 18
169-the workplace and their achievements should be rec-19
170-ognized. 20
171-SEC. 3. ENHANCED ENFORCEMENT OF EQUAL PAY RE-21
172-QUIREMENTS. 22
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39+•S 728 IS
40+SECTION 1. SHORT TITLE. 1
41+This Act may be cited as the ‘‘Paycheck Fairness 2
42+Act’’. 3
43+SEC. 2. FINDINGS. 4
44+Congress finds the following: 5
45+(1) Women have entered the workforce in 6
46+record numbers over the past 50 years. 7
47+(2) Despite the enactment of the Equal Pay Act 8
48+of 1963, many women continue to earn significantly 9
49+lower pay than men for equal work. These pay dis-10
50+parities exist in both the private and governmental 11
51+sectors. Pay disparities are especially severe for 12
52+women and girls of color. 13
53+(3) In many instances, the pay disparities can 14
54+only be due to continued intentional discrimination 15
55+or the lingering effects of past discrimination. After 16
56+controlling for educational attainment, occupation, 17
57+industry, union status, race, ethnicity, and labor 18
58+force experience roughly 40 percent of the pay gap 19
59+remains unexplained. 20
60+(4) The existence of such pay disparities— 21
61+(A) depresses the wages of working fami-22
62+lies who rely on the wages of all members of the 23
63+family to make ends meet; 24
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66+•S 728 IS
67+(B) undermines women’s retirement secu-1
68+rity, which is often based on earnings while in 2
69+the workforce; 3
70+(C) prevents women from realizing their 4
71+full economic potential, particularly in terms of 5
72+labor force participation and attachment; 6
73+(D) has been spread and perpetuated, 7
74+through commerce and the channels and instru-8
75+mentalities of commerce, among the workers of 9
76+the several States; 10
77+(E) burdens commerce and the free flow of 11
78+goods in commerce; 12
79+(F) constitutes an unfair method of com-13
80+petition in commerce; 14
81+(G) tends to cause labor disputes, as evi-15
82+denced by the tens of thousands of charges filed 16
83+with the Equal Employment Opportunity Com-17
84+mission against employers between 2010 and 18
85+2016; 19
86+(H) interferes with the orderly and fair 20
87+marketing of goods in commerce; and 21
88+(I) in many instances, may deprive workers 22
89+of equal protection on the basis of sex in viola-23
90+tion of the 5th and 14th Amendments to the 24
91+Constitution. 25
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94+•S 728 IS
95+(5)(A) Artificial barriers to the elimination of 1
96+discrimination in the payment of wages on the basis 2
97+of sex continue to exist decades after the enactment 3
98+of the Fair Labor Standards Act of 1938 (29 U.S.C. 4
99+201 et seq.) and the Civil Rights Act of 1964 (42 5
100+U.S.C. 2000a et seq.). 6
101+(B) These barriers have resulted, in significant 7
102+part, because the Equal Pay Act of 1963 has not 8
103+worked as Congress originally intended. Improve-9
104+ments and modifications to the law are necessary to 10
105+ensure that the Act provides effective protection to 11
106+those subject to pay discrimination on the basis of 12
107+their sex. 13
108+(C) Elimination of such barriers would have 14
109+positive effects, including— 15
110+(i) providing a solution to problems in the 16
111+economy created by unfair pay disparities; 17
112+(ii) substantially reducing the number of 18
113+working women earning unfairly low wages, 19
114+thereby reducing the dependence on public as-20
115+sistance; 21
116+(iii) promoting stable families by enabling 22
117+all family members to earn a fair rate of pay; 23
118+(iv) remedying the effects of past discrimi-24
119+nation on the basis of sex and ensuring that in 25
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122+•S 728 IS
123+the future workers are afforded equal protection 1
124+on the basis of sex; and 2
125+(v) ensuring equal protection pursuant to 3
126+Congress’ power to enforce the 5th and 14th 4
127+Amendments to the Constitution. 5
128+(6) The Department of Labor and the Equal 6
129+Employment Opportunity Commission carry out 7
130+functions to help ensure that women receive equal 8
131+pay for equal work. 9
132+(7) The Department of Labor is responsible 10
133+for— 11
134+(A) collecting and making publicly avail-12
135+able information about women’s pay; 13
136+(B) ensuring that companies receiving 14
137+Federal contracts comply with anti-discrimina-15
138+tion affirmative action requirements of Execu-16
139+tive Order 11246 (relating to equal employment 17
140+opportunity); 18
141+(C) disseminating information about wom-19
142+en’s rights in the workplace; 20
143+(D) helping women who have been victims 21
144+of pay discrimination obtain a remedy; and 22
145+(E) investigating and prosecuting systemic 23
146+gender based pay discrimination involving gov-24
147+ernment contractors. 25
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150+•S 728 IS
151+(8) The Equal Employment Opportunity Com-1
152+mission is the primary enforcement agency for 2
153+claims made under the Equal Pay Act of 1963, and 3
154+issues regulations and guidance on appropriate in-4
155+terpretations of the law. 5
156+(9) Vigorous implementation by the Depart-6
157+ment of Labor and the Equal Employment Oppor-7
158+tunity Commission, increased information as a result 8
159+of the amendments made by this Act, wage data, 9
160+and more effective remedies, will ensure that women 10
161+are better able to recognize and enforce their rights. 11
162+(10) Certain employers have already made 12
163+great strides in eradicating unfair pay disparities in 13
164+the workplace and their achievements should be rec-14
165+ognized. 15
166+SEC. 3. ENHANCED ENFORCEMENT OF EQUAL PAY RE-16
167+QUIREMENTS. 17
173168 (a) B
174-ONAFIDEFACTORDEFENSE ANDMODIFICA-23
175-TION OFSAMEESTABLISHMENTREQUIREMENT.—Section 24
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178-•S 728 RS
179-6(d)(1) of the Fair Labor Standards Act of 1938 (29 1
180-U.S.C. 206(d)(1)) is amended— 2
181-(1) by striking ‘‘No employer having’’ and in-3
182-serting ‘‘(A) No employer having’’; 4
183-(2) by striking ‘‘any other factor other than 5
184-sex’’ and inserting ‘‘a bona fide factor other than 6
185-sex, such as education, training, or experience’’; and 7
186-(3) by inserting at the end the following: 8
187-‘‘(B) The bona fide factor defense described in sub-9
188-paragraph (A)(iv) shall apply only if the employer dem-10
189-onstrates that such factor (i) is not based upon or derived 11
190-from a sex-based differential in compensation; (ii) is job- 12
191-related with respect to the position in question; (iii) is con-13
192-sistent with business necessity; and (iv) accounts for the 14
193-entire differential in compensation at issue. Such defense 15
194-shall not apply where the employee demonstrates that an 16
195-alternative employment practice exists that would serve 17
196-the same business purpose without producing such dif-18
197-ferential and that the employer has refused to adopt such 19
198-alternative practice. 20
199-‘‘(C) For purposes of subparagraph (A), employees 21
200-shall be deemed to work in the same establishment if the 22
201-employees work for the same employer at workplaces lo-23
202-cated in the same county or similar political subdivision 24
203-of a State. The preceding sentence shall not be construed 25
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206-•S 728 RS
207-as limiting broader applications of the term ‘establish-1
208-ment’ consistent with rules prescribed or guidance issued 2
209-by the Equal Employment Opportunity Commission.’’. 3
210-(b) N
211-ONRETALIATIONPROVISION.—Section 15 of the 4
212-Fair Labor Standards Act of 1938 (29 U.S.C. 215) is 5
213-amended— 6
214-(1) in subsection (a)— 7
215-(A) in paragraph (3), by striking ‘‘em-8
216-ployee has filed’’ and all that follows and insert-9
217-ing ‘‘employee— 10
218-‘‘(A) has made a charge or filed any com-11
219-plaint or instituted or caused to be instituted 12
220-any investigation, proceeding, hearing, or action 13
221-under or related to this Act, including an inves-14
222-tigation conducted by the employer, or has tes-15
223-tified or is planning to testify or has assisted or 16
224-participated in any manner in any such inves-17
225-tigation, proceeding, hearing or action, or has 18
226-served or is planning to serve on an industry 19
227-committee; or 20
228-‘‘(B) has inquired about, discussed, or dis-21
229-closed the wages of the employee or another 22
230-employee (such as by inquiring or discussing 23
231-with the employer why the wages of the em-24
232-ployee are set at a certain rate or salary);’’; 25
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235-•S 728 RS
236-(B) in paragraph (5), by striking the pe-1
237-riod at the end and inserting ‘‘; or’’; and 2
238-(C) by adding at the end the following: 3
239-‘‘(6) to require an employee to sign a contract 4
240-or waiver that would prohibit the employee from dis-5
241-closing information about the employee’s wages.’’; 6
242-and 7
243-(2) by adding at the end the following: 8
244-‘‘(c) Subsection (a)(3)(B) shall not apply to instances 9
245-in which an employee who has access to the wage informa-10
246-tion of other employees as a part of such employee’s essen-11
247-tial job functions discloses the wages of such other employ-12
248-ees to individuals who do not otherwise have access to such 13
249-information, unless such disclosure is in response to a 14
250-complaint or charge or in furtherance of an investigation, 15
251-proceeding, hearing, or action under section 6(d), includ-16
252-ing an investigation conducted by the employer. Nothing 17
253-in this subsection shall be construed to limit the rights 18
254-of an employee provided under any other provision of 19
255-law.’’. 20
169+ONAFIDEFACTORDEFENSE ANDMODIFICA-18
170+TION OFSAMEESTABLISHMENTREQUIREMENT.—Section 19
171+6(d)(1) of the Fair Labor Standards Act of 1938 (29 20
172+U.S.C. 206(d)(1)) is amended— 21
173+(1) by striking ‘‘No employer having’’ and in-22
174+serting ‘‘(A) No employer having’’; 23
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177+•S 728 IS
178+(2) by striking ‘‘any other factor other than 1
179+sex’’ and inserting ‘‘a bona fide factor other than 2
180+sex, such as education, training, or experience’’; and 3
181+(3) by inserting at the end the following: 4
182+‘‘(B) The bona fide factor defense described in sub-5
183+paragraph (A)(iv) shall apply only if the employer dem-6
184+onstrates that such factor (i) is not based upon or derived 7
185+from a sex-based differential in compensation; (ii) is job- 8
186+related with respect to the position in question; (iii) is con-9
187+sistent with business necessity; and (iv) accounts for the 10
188+entire differential in compensation at issue. Such defense 11
189+shall not apply where the employee demonstrates that an 12
190+alternative employment practice exists that would serve 13
191+the same business purpose without producing such dif-14
192+ferential and that the employer has refused to adopt such 15
193+alternative practice. 16
194+‘‘(C) For purposes of subparagraph (A), employees 17
195+shall be deemed to work in the same establishment if the 18
196+employees work for the same employer at workplaces lo-19
197+cated in the same county or similar political subdivision 20
198+of a State. The preceding sentence shall not be construed 21
199+as limiting broader applications of the term ‘establish-22
200+ment’ consistent with rules prescribed or guidance issued 23
201+by the Equal Employment Opportunity Commission.’’. 24
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204+•S 728 IS
205+(b) NONRETALIATIONPROVISION.—Section 15 of the 1
206+Fair Labor Standards Act of 1938 (29 U.S.C. 215) is 2
207+amended— 3
208+(1) in subsection (a)— 4
209+(A) in paragraph (3), by striking ‘‘em-5
210+ployee has filed’’ and all that follows and insert-6
211+ing ‘‘employee— 7
212+‘‘(A) has made a charge or filed any com-8
213+plaint or instituted or caused to be instituted 9
214+any investigation, proceeding, hearing, or action 10
215+under or related to this Act, including an inves-11
216+tigation conducted by the employer, or has tes-12
217+tified or is planning to testify or has assisted or 13
218+participated in any manner in any such inves-14
219+tigation, proceeding, hearing or action, or has 15
220+served or is planning to serve on an industry 16
221+committee; or 17
222+‘‘(B) has inquired about, discussed, or dis-18
223+closed the wages of the employee or another 19
224+employee (such as by inquiring or discussing 20
225+with the employer why the wages of the em-21
226+ployee are set at a certain rate or salary);’’; 22
227+(B) in paragraph (5), by striking the pe-23
228+riod at the end and inserting ‘‘; or’’; and 24
229+(C) by adding at the end the following: 25
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232+•S 728 IS
233+‘‘(6) to require an employee to sign a contract 1
234+or waiver that would prohibit the employee from dis-2
235+closing information about the employee’s wages.’’; 3
236+and 4
237+(2) by adding at the end the following: 5
238+‘‘(c) Subsection (a)(3)(B) shall not apply to instances 6
239+in which an employee who has access to the wage informa-7
240+tion of other employees as a part of such employee’s essen-8
241+tial job functions discloses the wages of such other employ-9
242+ees to individuals who do not otherwise have access to such 10
243+information, unless such disclosure is in response to a 11
244+complaint or charge or in furtherance of an investigation, 12
245+proceeding, hearing, or action under section 6(d), includ-13
246+ing an investigation conducted by the employer. Nothing 14
247+in this subsection shall be construed to limit the rights 15
248+of an employee provided under any other provision of 16
249+law.’’. 17
256250 (c) E
257-NHANCEDPENALTIES.—Section 16(b) of the 21
258-Fair Labor Standards Act of 1938 (29 U.S.C. 216(b)) is 22
259-amended— 23
260-(1) by inserting after the first sentence the fol-24
261-lowing: ‘‘Any employer who violates section 6(d) 25
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264-•S 728 RS
265-shall additionally be liable for such compensatory 1
266-damages, or, where the employee demonstrates that 2
267-the employer acted with malice or reckless indiffer-3
268-ence, punitive damages as may be appropriate, ex-4
269-cept that the United States shall not be liable for 5
270-punitive damages.’’; 6
271-(2) in the sentence beginning ‘‘An action to’’, 7
272-by striking ‘‘the preceding sentences’’ and inserting 8
273-‘‘any of the preceding sentences of this subsection’’; 9
274-(3) in the sentence beginning ‘‘No employees 10
275-shall’’, by striking ‘‘No employees’’ and inserting 11
276-‘‘Except with respect to class actions brought to en-12
277-force section 6(d), no employee’’; 13
278-(4) by inserting after the sentence referred to 14
279-in paragraph (3), the following: ‘‘Notwithstanding 15
280-any other provision of Federal law, any action 16
281-brought to enforce section 6(d) may be maintained 17
282-as a class action as provided by the Federal Rules 18
283-of Civil Procedure.’’; and 19
284-(5) in the sentence beginning ‘‘The court in’’— 20
285-(A) by striking ‘‘in such action’’ and in-21
286-serting ‘‘in any action brought to recover the li-22
287-ability prescribed in any of the preceding sen-23
288-tences of this subsection’’; and 24
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291-•S 728 RS
292-(B) by inserting before the period the fol-1
293-lowing: ‘‘, including expert fees’’. 2
294-(d) A
295-CTION BYSECRETARY.—Section 16(c) of the 3
296-Fair Labor Standards Act of 1938 (29 U.S.C. 216(c)) is 4
297-amended— 5
298-(1) in the first sentence— 6
299-(A) by inserting ‘‘or, in the case of a viola-7
300-tion of section 6(d), additional compensatory or 8
301-punitive damages, as described in subsection 9
302-(b),’’ before ‘‘and the agreement’’; and 10
303-(B) by inserting before the period the fol-11
304-lowing: ‘‘, or such compensatory or punitive 12
305-damages, as appropriate’’; 13
306-(2) in the second sentence, by inserting before 14
307-the period the following: ‘‘and, in the case of a viola-15
308-tion of section 6(d), additional compensatory or pu-16
309-nitive damages, as described in subsection (b)’’; 17
310-(3) in the third sentence, by striking ‘‘the first 18
311-sentence’’ and inserting ‘‘the first or second sen-19
312-tence’’; and 20
313-(4) in the sixth sentence— 21
314-(A) by striking ‘‘commenced in the case’’ 22
315-and inserting ‘‘commenced— 23
316-‘‘(1) in the case’’; 24
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319-•S 728 RS
320-(B) by striking the period and inserting ‘‘; 1
321-or’’; and 2
322-(C) by adding at the end the following: 3
323-‘‘(2) in the case of a class action brought to en-4
324-force section 6(d), on the date on which the indi-5
325-vidual becomes a party plaintiff to the class action.’’. 6
326-SEC. 4. TRAINING. 7
327-The Equal Employment Opportunity Commission 8
328-and the Office of Federal Contract Compliance Programs, 9
329-subject to the availability of funds appropriated under sec-10
330-tion 11, shall provide training to Commission employees 11
331-and affected individuals and entities on matters involving 12
332-discrimination in the payment of wages. 13
333-SEC. 5. NEGOTIATION SKILLS TRAINING. 14
251+NHANCEDPENALTIES.—Section 16(b) of the 18
252+Fair Labor Standards Act of 1938 (29 U.S.C. 216(b)) is 19
253+amended— 20
254+(1) by inserting after the first sentence the fol-21
255+lowing: ‘‘Any employer who violates section 6(d) 22
256+shall additionally be liable for such compensatory 23
257+damages, or, where the employee demonstrates that 24
258+the employer acted with malice or reckless indiffer-25
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261+•S 728 IS
262+ence, punitive damages as may be appropriate, ex-1
263+cept that the United States shall not be liable for 2
264+punitive damages.’’; 3
265+(2) in the sentence beginning ‘‘An action to’’, 4
266+by striking ‘‘the preceding sentences’’ and inserting 5
267+‘‘any of the preceding sentences of this subsection’’; 6
268+(3) in the sentence beginning ‘‘No employees 7
269+shall’’, by striking ‘‘No employees’’ and inserting 8
270+‘‘Except with respect to class actions brought to en-9
271+force section 6(d), no employee’’; 10
272+(4) by inserting after the sentence referred to 11
273+in paragraph (3), the following: ‘‘Notwithstanding 12
274+any other provision of Federal law, any action 13
275+brought to enforce section 6(d) may be maintained 14
276+as a class action as provided by the Federal Rules 15
277+of Civil Procedure.’’; and 16
278+(5) in the sentence beginning ‘‘The court in’’— 17
279+(A) by striking ‘‘in such action’’ and in-18
280+serting ‘‘in any action brought to recover the li-19
281+ability prescribed in any of the preceding sen-20
282+tences of this subsection’’; and 21
283+(B) by inserting before the period the fol-22
284+lowing: ‘‘, including expert fees’’. 23
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287+•S 728 IS
288+(d) ACTION BYSECRETARY.—Section 16(c) of the 1
289+Fair Labor Standards Act of 1938 (29 U.S.C. 216(c)) is 2
290+amended— 3
291+(1) in the first sentence— 4
292+(A) by inserting ‘‘or, in the case of a viola-5
293+tion of section 6(d), additional compensatory or 6
294+punitive damages, as described in subsection 7
295+(b),’’ before ‘‘and the agreement’’; and 8
296+(B) by inserting before the period the fol-9
297+lowing: ‘‘, or such compensatory or punitive 10
298+damages, as appropriate’’; 11
299+(2) in the second sentence, by inserting before 12
300+the period the following: ‘‘and, in the case of a viola-13
301+tion of section 6(d), additional compensatory or pu-14
302+nitive damages, as described in subsection (b)’’; 15
303+(3) in the third sentence, by striking ‘‘the first 16
304+sentence’’ and inserting ‘‘the first or second sen-17
305+tence’’; and 18
306+(4) in the sixth sentence— 19
307+(A) by striking ‘‘commenced in the case’’ 20
308+and inserting ‘‘commenced— 21
309+‘‘(1) in the case’’; 22
310+(B) by striking the period and inserting ‘‘; 23
311+or’’; and 24
312+(C) by adding at the end the following: 25
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315+•S 728 IS
316+‘‘(2) in the case of a class action brought to en-1
317+force section 6(d), on the date on which the indi-2
318+vidual becomes a party plaintiff to the class action.’’. 3
319+SEC. 4. TRAINING. 4
320+The Equal Employment Opportunity Commission 5
321+and the Office of Federal Contract Compliance Programs, 6
322+subject to the availability of funds appropriated under sec-7
323+tion 11, shall provide training to Commission employees 8
324+and affected individuals and entities on matters involving 9
325+discrimination in the payment of wages. 10
326+SEC. 5. NEGOTIATION SKILLS TRAINING. 11
334327 (a) P
335-ROGRAMAUTHORIZED.— 15
328+ROGRAMAUTHORIZED.— 12
336329 (1) I
337-N GENERAL.—The Secretary of Labor, 16
338-after consultation with the Secretary of Education, 17
339-is authorized to establish and carry out a grant pro-18
340-gram. 19
330+N GENERAL.—The Secretary of Labor, 13
331+after consultation with the Secretary of Education, 14
332+is authorized to establish and carry out a grant pro-15
333+gram. 16
341334 (2) G
342-RANTS.—In carrying out the program, the 20
343-Secretary of Labor may make grants on a competi-21
344-tive basis to eligible entities to carry out negotiation 22
345-skills training programs for the purposes of address-23
346-ing pay disparities, including through outreach to 24
347-women and girls. 25
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350-•S 728 RS
351-(3) ELIGIBLE ENTITIES.—To be eligible to re-1
352-ceive a grant under this subsection, an entity shall 2
353-be a public agency, such as a State, a local govern-3
354-ment in a metropolitan statistical area (as defined 4
355-by the Office of Management and Budget), a State 5
356-educational agency, or a local educational agency, a 6
357-private nonprofit organization, or a community- 7
358-based organization. 8
335+RANTS.—In carrying out the program, the 17
336+Secretary of Labor may make grants on a competi-18
337+tive basis to eligible entities to carry out negotiation 19
338+skills training programs for the purposes of address-20
339+ing pay disparities, including through outreach to 21
340+women and girls. 22
341+(3) E
342+LIGIBLE ENTITIES.—To be eligible to re-23
343+ceive a grant under this subsection, an entity shall 24
344+be a public agency, such as a State, a local govern-25
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347+•S 728 IS
348+ment in a metropolitan statistical area (as defined 1
349+by the Office of Management and Budget), a State 2
350+educational agency, or a local educational agency, a 3
351+private nonprofit organization, or a community- 4
352+based organization. 5
359353 (4) A
360-PPLICATION.—To be eligible to receive a 9
361-grant under this subsection, an entity shall submit 10
362-an application to the Secretary of Labor at such 11
363-time, in such manner, and containing such informa-12
364-tion as the Secretary of Labor may require. 13
354+PPLICATION.—To be eligible to receive a 6
355+grant under this subsection, an entity shall submit 7
356+an application to the Secretary of Labor at such 8
357+time, in such manner, and containing such informa-9
358+tion as the Secretary of Labor may require. 10
365359 (5) U
366-SE OF FUNDS.—An entity that receives a 14
367-grant under this subsection shall use the funds made 15
368-available through the grant to carry out an effective 16
369-negotiation skills training program for the purposes 17
370-described in paragraph (2). 18
360+SE OF FUNDS.—An entity that receives a 11
361+grant under this subsection shall use the funds made 12
362+available through the grant to carry out an effective 13
363+negotiation skills training program for the purposes 14
364+described in paragraph (2). 15
371365 (b) I
372-NCORPORATINGTRAININGINTOEXISTINGPRO-19
373-GRAMS.—The Secretary of Labor and the Secretary of 20
374-Education shall issue regulations or policy guidance that 21
375-provides for integrating the negotiation skills training, to 22
376-the extent practicable, into programs authorized under— 23
377-(1) in the case of the Secretary of Education, 24
378-the Elementary and Secondary Education Act of 25
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381-•S 728 RS
382-1965 (20 U.S.C. 6301 et seq.), the Carl D. Perkins 1
383-Career and Technical Education Act of 2006 (20 2
384-U.S.C. 2301 et seq.), the Higher Education Act of 3
385-1965 (20 U.S.C. 1001 et seq.), and other programs 4
386-carried out by the Department of Education that the 5
387-Secretary of Education determines to be appro-6
388-priate; and 7
389-(2) in the case of the Secretary of Labor, the 8
390-Workforce Innovation and Opportunity Act (29 9
391-U.S.C. 3101 et seq.), and other programs carried 10
392-out by the Department of Labor that the Secretary 11
393-of Labor determines to be appropriate. 12
366+NCORPORATINGTRAININGINTOEXISTINGPRO-16
367+GRAMS.—The Secretary of Labor and the Secretary of 17
368+Education shall issue regulations or policy guidance that 18
369+provides for integrating the negotiation skills training, to 19
370+the extent practicable, into programs authorized under— 20
371+(1) in the case of the Secretary of Education, 21
372+the Elementary and Secondary Education Act of 22
373+1965 (20 U.S.C. 6301 et seq.), the Carl D. Perkins 23
374+Career and Technical Education Act of 2006 (20 24
375+U.S.C. 2301 et seq.), the Higher Education Act of 25
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378+•S 728 IS
379+1965 (20 U.S.C. 1001 et seq.), and other programs 1
380+carried out by the Department of Education that the 2
381+Secretary of Education determines to be appro-3
382+priate; and 4
383+(2) in the case of the Secretary of Labor, the 5
384+Workforce Innovation and Opportunity Act (29 6
385+U.S.C. 3101 et seq.), and other programs carried 7
386+out by the Department of Labor that the Secretary 8
387+of Labor determines to be appropriate. 9
394388 (c) R
395-EPORT.—Not later than 18 months after the 13
396-date of enactment of this Act, and annually thereafter, 14
397-the Secretary of Labor, in consultation with the Secretary 15
398-of Education, shall prepare and submit to Congress a re-16
399-port describing the activities conducted under this section 17
400-and evaluating the effectiveness of such activities in 18
401-achieving the purposes of this section. 19
402-SEC. 6. RESEARCH, EDUCATION, AND OUTREACH. 20
389+EPORT.—Not later than 18 months after the 10
390+date of enactment of this Act, and annually thereafter, 11
391+the Secretary of Labor, in consultation with the Secretary 12
392+of Education, shall prepare and submit to Congress a re-13
393+port describing the activities conducted under this section 14
394+and evaluating the effectiveness of such activities in 15
395+achieving the purposes of this section. 16
396+SEC. 6. RESEARCH, EDUCATION, AND OUTREACH. 17
403397 (a) I
404-NGENERAL.—Not later than 18 months after 21
405-the date of enactment of this Act, and periodically there-22
406-after, the Secretary of Labor shall conduct studies and 23
407-provide information to employers, labor organizations, and 24
408-the general public concerning the means available to elimi-25
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411-•S 728 RS
412-nate pay disparities between men and women (including 1
413-women who are Asian American, Black or African Amer-2
414-ican, Hispanic American or Latino, Native American or 3
415-Alaska Native, Native Hawaiian or Pacific Islander, and 4
416-White American), including— 5
417-(1) conducting and promoting research to de-6
418-velop the means to correct expeditiously the condi-7
419-tions leading to the pay disparities, with specific at-8
420-tention paid to women and girls from historically 9
421-underrepresented and minority groups; 10
422-(2) publishing and otherwise making available 11
423-to employers, labor organizations, professional asso-12
424-ciations, educational institutions, the media, and the 13
425-general public the findings resulting from studies 14
426-and other materials, relating to eliminating the pay 15
427-disparities; 16
428-(3) sponsoring and assisting State, local, and 17
429-community informational and educational programs; 18
430-(4) providing information to employers, labor 19
431-organizations, professional associations, and other 20
432-interested persons on the means of eliminating the 21
433-pay disparities; and 22
434-(5) recognizing and promoting the achievements 23
435-of employers, labor organizations, and professional 24
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438-•S 728 RS
439-associations that have worked to eliminate the pay 1
440-disparities. 2
398+NGENERAL.—Not later than 18 months after 18
399+the date of enactment of this Act, and periodically there-19
400+after, the Secretary of Labor shall conduct studies and 20
401+provide information to employers, labor organizations, and 21
402+the general public concerning the means available to elimi-22
403+nate pay disparities between men and women (including 23
404+women who are Asian American, Black or African Amer-24
405+ican, Hispanic American or Latino, Native American or 25
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408+•S 728 IS
409+Alaska Native, Native Hawaiian or Pacific Islander, and 1
410+White American), including— 2
411+(1) conducting and promoting research to de-3
412+velop the means to correct expeditiously the condi-4
413+tions leading to the pay disparities, with specific at-5
414+tention paid to women and girls from historically 6
415+underrepresented and minority groups; 7
416+(2) publishing and otherwise making available 8
417+to employers, labor organizations, professional asso-9
418+ciations, educational institutions, the media, and the 10
419+general public the findings resulting from studies 11
420+and other materials, relating to eliminating the pay 12
421+disparities; 13
422+(3) sponsoring and assisting State, local, and 14
423+community informational and educational programs; 15
424+(4) providing information to employers, labor 16
425+organizations, professional associations, and other 17
426+interested persons on the means of eliminating the 18
427+pay disparities; and 19
428+(5) recognizing and promoting the achievements 20
429+of employers, labor organizations, and professional 21
430+associations that have worked to eliminate the pay 22
431+disparities. 23
441432 (b) R
442-EPORT ONGENDERPAYGAP INTEENAGE 3
433+EPORT ONGENDERPAYGAP INTEENAGE 24
443434 L
444-ABORFORCE.— 4
445-(1) R
446-EPORT REQUIRED .—Not later than one 5
447-year after the date of the enactment of this Act, the 6
448-Secretary of Labor, acting through the Director of 7
449-the Women’s Bureau and in coordination with the 8
450-Commissioner of Labor Statistics, shall— 9
451-(A) submit to Congress a report on the 10
452-gender pay gap in the teenage labor force; and 11
453-(B) make the report available on a publicly 12
454-accessible website of the Department of Labor. 13
435+ABORFORCE.— 25
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439+(1) REPORT REQUIRED .—Not later than one 1
440+year after the date of the enactment of this Act, the 2
441+Secretary of Labor, acting through the Director of 3
442+the Women’s Bureau and in coordination with the 4
443+Commissioner of Labor Statistics, shall— 5
444+(A) submit to Congress a report on the 6
445+gender pay gap in the teenage labor force; and 7
446+(B) make the report available on a publicly 8
447+accessible website of the Department of Labor. 9
455448 (2) E
456-LEMENTS.—The report under subsection 14
457-(a) shall include the following: 15
458-(A) An examination of trends and potential 16
459-solutions relating to the teenage gender pay 17
460-gap. 18
461-(B) An examination of how the teenage 19
462-gender pay gap potentially translates into 20
463-greater wage gaps in the overall labor force. 21
464-(C) An examination of overall lifetime 22
465-earnings and losses for informal and formal 23
466-jobs for women, including women of color. 24
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470-(D) An examination of the teenage gender 1
471-pay gap, including a comparison of the average 2
472-amount earned by males and females, respec-3
473-tively, in informal jobs, such as babysitting and 4
474-other freelance jobs, as well as formal jobs, 5
475-such as retail, restaurant, and customer service. 6
476-(E) A comparison of— 7
477-(i) the types of tasks typically per-8
478-formed by women from the teenage years 9
479-through adulthood within certain informal 10
480-jobs, such as babysitting and other free-11
481-lance jobs, and formal jobs, such as retail, 12
482-restaurant, and customer service; and 13
483-(ii) the types of tasks performed by 14
484-younger males in such positions. 15
485-(F) Interviews and surveys with workers 16
486-and employers relating to early gender-based 17
487-pay discrepancies. 18
488-(G) Recommendations for— 19
489-(i) addressing pay inequality for 20
490-women from the teenage years through 21
491-adulthood, including such women of color; 22
492-(ii) addressing any disadvantages ex-23
493-perienced by young women with respect to 24
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496-•S 728 RS
497-work experience and professional develop-1
498-ment; 2
499-(iii) the development of standards and 3
500-best practices for workers and employees 4
501-to ensure better pay for young women and 5
502-the prevention of early inequalities in the 6
503-workplace; and 7
504-(iv) expanding awareness for teenage 8
505-girls on pay rates and employment rights 9
506-in order to reduce greater inequalities in 10
507-the overall labor force. 11
508-SEC. 7. ESTABLISHMENT OF THE NATIONAL AWARD FOR 12
509-PAY EQUITY IN THE WORKPLACE. 13
449+LEMENTS.—The report under subsection 10
450+(a) shall include the following: 11
451+(A) An examination of trends and potential 12
452+solutions relating to the teenage gender pay 13
453+gap. 14
454+(B) An examination of how the teenage 15
455+gender pay gap potentially translates into 16
456+greater wage gaps in the overall labor force. 17
457+(C) An examination of overall lifetime 18
458+earnings and losses for informal and formal 19
459+jobs for women, including women of color. 20
460+(D) An examination of the teenage gender 21
461+pay gap, including a comparison of the average 22
462+amount earned by males and females, respec-23
463+tively, in informal jobs, such as babysitting and 24
464+VerDate Sep 11 2014 22:19 Mar 17, 2023 Jkt 039200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S728.IS S728
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466+•S 728 IS
467+other freelance jobs, as well as formal jobs, 1
468+such as retail, restaurant, and customer service. 2
469+(E) A comparison of— 3
470+(i) the types of tasks typically per-4
471+formed by women from the teenage years 5
472+through adulthood within certain informal 6
473+jobs, such as babysitting and other free-7
474+lance jobs, and formal jobs, such as retail, 8
475+restaurant, and customer service; and 9
476+(ii) the types of tasks performed by 10
477+younger males in such positions. 11
478+(F) Interviews and surveys with workers 12
479+and employers relating to early gender-based 13
480+pay discrepancies. 14
481+(G) Recommendations for— 15
482+(i) addressing pay inequality for 16
483+women from the teenage years through 17
484+adulthood, including such women of color; 18
485+(ii) addressing any disadvantages ex-19
486+perienced by young women with respect to 20
487+work experience and professional develop-21
488+ment; 22
489+(iii) the development of standards and 23
490+best practices for workers and employees 24
491+to ensure better pay for young women and 25
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494+•S 728 IS
495+the prevention of early inequalities in the 1
496+workplace; and 2
497+(iv) expanding awareness for teenage 3
498+girls on pay rates and employment rights 4
499+in order to reduce greater inequalities in 5
500+the overall labor force. 6
501+SEC. 7. ESTABLISHMENT OF THE NATIONAL AWARD FOR 7
502+PAY EQUITY IN THE WORKPLACE. 8
510503 (a) I
511-NGENERAL.—There is established the Secretary 14
512-of Labor’s National Award for Pay Equity in the Work-15
513-place, which shall be awarded, on an annual basis, to an 16
514-employer to encourage proactive efforts to comply with 17
515-section 6(d) of the Fair Labor Standards Act of 1938 (29 18
516-U.S.C. 206(d)), as amended by this Act. 19
504+NGENERAL.—There is established the Secretary 9
505+of Labor’s National Award for Pay Equity in the Work-10
506+place, which shall be awarded, on an annual basis, to an 11
507+employer to encourage proactive efforts to comply with 12
508+section 6(d) of the Fair Labor Standards Act of 1938 (29 13
509+U.S.C. 206(d)), as amended by this Act. 14
517510 (b) C
518-RITERIA FORQUALIFICATION.—The Secretary 20
519-of Labor shall set criteria for receipt of the award, includ-21
520-ing a requirement that an employer has made substantial 22
521-effort to eliminate pay disparities between men and 23
522-women, and deserves special recognition as a consequence 24
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525-•S 728 RS
526-of such effort. The Secretary shall establish procedures for 1
527-the application and presentation of the award. 2
511+RITERIA FORQUALIFICATION.—The Secretary 15
512+of Labor shall set criteria for receipt of the award, includ-16
513+ing a requirement that an employer has made substantial 17
514+effort to eliminate pay disparities between men and 18
515+women, and deserves special recognition as a consequence 19
516+of such effort. The Secretary shall establish procedures for 20
517+the application and presentation of the award. 21
528518 (c) B
529-USINESS.—In this section, the term ‘‘employer’’ 3
530-includes— 4
531-(1)(A) a corporation, including a nonprofit cor-5
532-poration; 6
533-(B) a partnership; 7
534-(C) a professional association; 8
535-(D) a labor organization; and 9
536-(E) a business entity similar to an entity de-10
537-scribed in any of subparagraphs (A) through (D); 11
538-(2) an entity carrying out an education referral 12
539-program, a training program, such as an apprentice-13
540-ship or management training program, or a similar 14
541-program; and 15
542-(3) an entity carrying out a joint program, 16
543-formed by a combination of any entities described in 17
544-paragraph (1) or (2). 18
545-SEC. 8. COLLECTION OF PAY INFORMATION BY THE EQUAL 19
546-EMPLOYMENT OPPORTUNITY COMMISSION. 20
547-Section 709 of the Civil Rights Act of 1964 (42 21
548-U.S.C. 2000e–8) is amended by adding at the end the fol-22
549-lowing: 23
550-‘‘(f)(1) Not later than 18 months after the date of 24
551-enactment of this subsection, the Commission shall pro-25
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554-•S 728 RS
555-vide for the collection from employers of compensation 1
556-data and other employment-related data (including hiring, 2
557-termination, and promotion data) disaggregated by the 3
558-sex, race, and ethnic identity of employees. 4
559-‘‘(2) In carrying out paragraph (1), the Commission 5
560-shall have as its primary consideration the most effective 6
561-and efficient means for enhancing the enforcement of Fed-7
562-eral laws prohibiting pay discrimination. For this purpose, 8
563-the Commission shall consider factors including the impo-9
564-sition of burdens on employers, the frequency of required 10
565-reports (including the size of employers required to pre-11
566-pare reports), appropriate protections for maintaining 12
567-data confidentiality, and the most effective format to re-13
568-port such data. 14
569-‘‘(3)(A) For each 12-month reporting period for an 15
570-employer, the compensation data collected under para-16
571-graph (1) shall include, for each range of taxable com-17
572-pensation described in subparagraph (B), disaggregated 18
573-by the categories described in subparagraph (E)— 19
574-‘‘(i) the number of employees of the employer 20
575-who earn taxable compensation in an amount that 21
576-falls within such taxable compensation range; and 22
577-‘‘(ii) the total number of hours worked by such 23
578-employees. 24
579-VerDate Sep 11 2014 02:30 Jul 19, 2023 Jkt 039200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S728.RS S728
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581-•S 728 RS
582-‘‘(B) Subject to adjustment under subparagraph (C), 1
583-the taxable compensation ranges described in this sub-2
584-paragraph are as follows: 3
585-‘‘(i) Not more than $19,239. 4
586-‘‘(ii) Not less than $19,240 and not more than 5
587-$24,439. 6
588-‘‘(iii) Not less than $24,440 and not more than 7
589-$30,679. 8
590-‘‘(iv) Not less than $30,680 and not more than 9
591-$38,999. 10
592-‘‘(v) Not less than $39,000 and not more than 11
593-$49,919. 12
594-‘‘(vi) Not less than $49,920 and not more than 13
595-$62,919. 14
596-‘‘(vii) Not less than $62,920 and not more than 15
597-$80,079. 16
598-‘‘(viii) Not less than $80,080 and not more 17
599-than $101,919. 18
600-‘‘(ix) Not less than $101,920 and not more 19
601-than $128,959. 20
602-‘‘(x) Not less than $128,960 and not more than 21
603-$163,799. 22
604-‘‘(xi) Not less than $163,800 and not more 23
605-than $207,999. 24
606-‘‘(xii) Not less than $208,000. 25
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609-•S 728 RS
610-‘‘(C) The Commission may adjust the taxable com-1
611-pensation ranges under subparagraph (B)— 2
612-‘‘(i) if the Commission determines that such ad-3
613-justment is necessary to enhance enforcement of 4
614-Federal laws prohibiting pay discrimination; or 5
615-‘‘(ii) for inflation, in consultation with the Bu-6
616-reau of Labor Statistics. 7
617-‘‘(D) In collecting data described in subparagraph 8
618-(A)(ii), the Commission shall provide that, with respect 9
619-to an employee who the employer is not required to com-10
620-pensate for overtime employment under section 7 of the 11
621-Fair Labor Standards Act of 1938 (29 U.S.C. 207), an 12
622-employer may report— 13
623-‘‘(i) in the case of a full-time employee, that 14
624-such employee works 40 hours per week, and in the 15
625-case of a part-time employee, that such employee 16
626-works 20 hours per week; or 17
627-‘‘(ii) the actual number of hours worked by 18
628-such employee. 19
629-‘‘(E) The categories described in this subparagraph 20
630-shall be determined by the Commission and shall in-21
631-clude— 22
632-‘‘(i) race; 23
633-‘‘(ii) ethnic identity; 24
634-‘‘(iii) sex; and 25
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637-•S 728 RS
638-‘‘(iv) job categories, including the job categories 1
639-described in the instructions for the Equal Employ-2
640-ment Opportunity Employer Information Report 3
641-EEO–1, as in effect on the date of the enactment 4
642-of this subsection. 5
643-‘‘(F) The Commission shall use the compensation 6
644-data collected under paragraph (1)— 7
645-‘‘(i) to enhance— 8
646-‘‘(I) the investigation of charges filed 9
647-under section 706 or section 6(d) of the Fair 10
648-Labor Standards Act of 1938 (29 U.S.C. 11
649-206(d)); and 12
650-‘‘(II) the allocation of resources to inves-13
651-tigate such charges; and 14
652-‘‘(ii) for any other purpose that the Commission 15
653-determines appropriate. 16
654-‘‘(G) The Commission shall annually make publicly 17
655-available aggregate compensation data collected under 18
656-paragraph (1) for the categories described in subpara-19
657-graph (E), disaggregated by industry, occupation, and 20
658-core based statistical area (as defined by the Office of 21
659-Management and Budget). 22
660-‘‘(4) The compensation data under paragraph (1) 23
661-shall be collected from each employer that— 24
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664-•S 728 RS
665-‘‘(A) is a private employer that has 100 or 1
666-more employees, including such an employer that is 2
667-a contractor with the Federal Government, or a sub-3
668-contractor at any tier thereof; or 4
669-‘‘(B) the Commission determines appropriate.’’. 5
670-SEC. 9. REINSTATEMENT OF PAY EQUITY PROGRAMS AND 6
671-PAY EQUITY DATA COLLECTION. 7
519+USINESS.—In this section, the term ‘‘employer’’ 22
520+includes— 23
521+(1)(A) a corporation, including a nonprofit cor-24
522+poration; 25
523+VerDate Sep 11 2014 22:19 Mar 17, 2023 Jkt 039200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S728.IS S728
524+kjohnson on DSK79L0C42PROD with BILLS 19
525+•S 728 IS
526+(B) a partnership; 1
527+(C) a professional association; 2
528+(D) a labor organization; and 3
529+(E) a business entity similar to an entity de-4
530+scribed in any of subparagraphs (A) through (D); 5
531+(2) an entity carrying out an education referral 6
532+program, a training program, such as an apprentice-7
533+ship or management training program, or a similar 8
534+program; and 9
535+(3) an entity carrying out a joint program, 10
536+formed by a combination of any entities described in 11
537+paragraph (1) or (2). 12
538+SEC. 8. COLLECTION OF PAY INFORMATION BY THE EQUAL 13
539+EMPLOYMENT OPPORTUNITY COMMISSION. 14
540+Section 709 of the Civil Rights Act of 1964 (42 15
541+U.S.C. 2000e–8) is amended by adding at the end the fol-16
542+lowing: 17
543+‘‘(f)(1) Not later than 18 months after the date of 18
544+enactment of this subsection, the Commission shall pro-19
545+vide for the collection from employers of compensation 20
546+data and other employment-related data (including hiring, 21
547+termination, and promotion data) disaggregated by the 22
548+sex, race, and ethnic identity of employees. 23
549+‘‘(2) In carrying out paragraph (1), the Commission 24
550+shall have as its primary consideration the most effective 25
551+VerDate Sep 11 2014 22:19 Mar 17, 2023 Jkt 039200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S728.IS S728
552+kjohnson on DSK79L0C42PROD with BILLS 20
553+•S 728 IS
554+and efficient means for enhancing the enforcement of Fed-1
555+eral laws prohibiting pay discrimination. For this purpose, 2
556+the Commission shall consider factors including the impo-3
557+sition of burdens on employers, the frequency of required 4
558+reports (including the size of employers required to pre-5
559+pare reports), appropriate protections for maintaining 6
560+data confidentiality, and the most effective format to re-7
561+port such data. 8
562+‘‘(3)(A) For each 12-month reporting period for an 9
563+employer, the compensation data collected under para-10
564+graph (1) shall include, for each range of taxable com-11
565+pensation described in subparagraph (B), disaggregated 12
566+by the categories described in subparagraph (E)— 13
567+‘‘(i) the number of employees of the employer 14
568+who earn taxable compensation in an amount that 15
569+falls within such taxable compensation range; and 16
570+‘‘(ii) the total number of hours worked by such 17
571+employees. 18
572+‘‘(B) Subject to adjustment under subparagraph (C), 19
573+the taxable compensation ranges described in this sub-20
574+paragraph are as follows: 21
575+‘‘(i) Not more than $19,239. 22
576+‘‘(ii) Not less than $19,240 and not more than 23
577+$24,439. 24
578+VerDate Sep 11 2014 22:19 Mar 17, 2023 Jkt 039200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S728.IS S728
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580+•S 728 IS
581+‘‘(iii) Not less than $24,440 and not more than 1
582+$30,679. 2
583+‘‘(iv) Not less than $30,680 and not more than 3
584+$38,999. 4
585+‘‘(v) Not less than $39,000 and not more than 5
586+$49,919. 6
587+‘‘(vi) Not less than $49,920 and not more than 7
588+$62,919. 8
589+‘‘(vii) Not less than $62,920 and not more than 9
590+$80,079. 10
591+‘‘(viii) Not less than $80,080 and not more 11
592+than $101,919. 12
593+‘‘(ix) Not less than $101,920 and not more 13
594+than $128,959. 14
595+‘‘(x) Not less than $128,960 and not more than 15
596+$163,799. 16
597+‘‘(xi) Not less than $163,800 and not more 17
598+than $207,999. 18
599+‘‘(xii) Not less than $208,000. 19
600+‘‘(C) The Commission may adjust the taxable com-20
601+pensation ranges under subparagraph (B)— 21
602+‘‘(i) if the Commission determines that such ad-22
603+justment is necessary to enhance enforcement of 23
604+Federal laws prohibiting pay discrimination; or 24
605+VerDate Sep 11 2014 22:19 Mar 17, 2023 Jkt 039200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S728.IS S728
606+kjohnson on DSK79L0C42PROD with BILLS 22
607+•S 728 IS
608+‘‘(ii) for inflation, in consultation with the Bu-1
609+reau of Labor Statistics. 2
610+‘‘(D) In collecting data described in subparagraph 3
611+(A)(ii), the Commission shall provide that, with respect 4
612+to an employee who the employer is not required to com-5
613+pensate for overtime employment under section 7 of the 6
614+Fair Labor Standards Act of 1938 (29 U.S.C. 207), an 7
615+employer may report— 8
616+‘‘(i) in the case of a full-time employee, that 9
617+such employee works 40 hours per week, and in the 10
618+case of a part-time employee, that such employee 11
619+works 20 hours per week; or 12
620+‘‘(ii) the actual number of hours worked by 13
621+such employee. 14
622+‘‘(E) The categories described in this subparagraph 15
623+shall be determined by the Commission and shall in-16
624+clude— 17
625+‘‘(i) race; 18
626+‘‘(ii) ethnic identity; 19
627+‘‘(iii) sex; and 20
628+‘‘(iv) job categories, including the job categories 21
629+described in the instructions for the Equal Employ-22
630+ment Opportunity Employer Information Report 23
631+EEO–1, as in effect on the date of the enactment 24
632+of this subsection. 25
633+VerDate Sep 11 2014 22:19 Mar 17, 2023 Jkt 039200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S728.IS S728
634+kjohnson on DSK79L0C42PROD with BILLS 23
635+•S 728 IS
636+‘‘(F) The Commission shall use the compensation 1
637+data collected under paragraph (1)— 2
638+‘‘(i) to enhance— 3
639+‘‘(I) the investigation of charges filed 4
640+under section 706 or section 6(d) of the Fair 5
641+Labor Standards Act of 1938 (29 U.S.C. 6
642+206(d)); and 7
643+‘‘(II) the allocation of resources to inves-8
644+tigate such charges; and 9
645+‘‘(ii) for any other purpose that the Commission 10
646+determines appropriate. 11
647+‘‘(G) The Commission shall annually make publicly 12
648+available aggregate compensation data collected under 13
649+paragraph (1) for the categories described in subpara-14
650+graph (E), disaggregated by industry, occupation, and 15
651+core based statistical area (as defined by the Office of 16
652+Management and Budget). 17
653+‘‘(4) The compensation data under paragraph (1) 18
654+shall be collected from each employer that— 19
655+‘‘(A) is a private employer that has 100 or 20
656+more employees, including such an employer that is 21
657+a contractor with the Federal Government, or a sub-22
658+contractor at any tier thereof; or 23
659+‘‘(B) the Commission determines appropriate.’’. 24
660+VerDate Sep 11 2014 22:19 Mar 17, 2023 Jkt 039200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S728.IS S728
661+kjohnson on DSK79L0C42PROD with BILLS 24
662+•S 728 IS
663+SEC. 9. REINSTATEMENT OF PAY EQUITY PROGRAMS AND 1
664+PAY EQUITY DATA COLLECTION. 2
672665 (a) B
673-UREAU OFLABORSTATISTICSDATACOLLEC-8
674-TION.—The Commissioner of Labor Statistics shall con-9
675-tinue to collect data on women workers in the Current 10
676-Employment Statistics survey. 11
666+UREAU OFLABORSTATISTICSDATACOLLEC-3
667+TION.—The Commissioner of Labor Statistics shall con-4
668+tinue to collect data on women workers in the Current 5
669+Employment Statistics survey. 6
677670 (b) O
678-FFICE OFFEDERALCONTRACTCOMPLIANCE 12
671+FFICE OFFEDERALCONTRACTCOMPLIANCE 7
679672 P
680-ROGRAMSINITIATIVES.—The Director of the Office of 13
681-Federal Contract Compliance Programs shall ensure that 14
682-employees of the Office— 15
683-(1)(A) shall use the full range of investigatory 16
684-tools at the Office’s disposal, including pay grade 17
685-methodology; 18
686-(B) in considering evidence of possible com-19
687-pensation discrimination— 20
688-(i) shall not limit its consideration to a 21
689-small number of types of evidence; and 22
690-(ii) shall not limit its evaluation of the evi-23
691-dence to a small number of methods of evalu-24
692-ating the evidence; and 25
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695-•S 728 RS
696-(C) shall not require a multiple regression anal-1
697-ysis or anecdotal evidence for a compensation dis-2
698-crimination case; 3
699-(2) for purposes of its investigative, compliance, 4
700-and enforcement activities, shall define ‘‘similarly 5
701-situated employees’’ in a way that is consistent with 6
702-and not more stringent than the definition provided 7
703-in item 1 of subsection A of section 10–III of the 8
704-Equal Employment Opportunity Commission Com-9
705-pliance Manual (2000), and shall consider only fac-10
706-tors that the Office’s investigation reveals were used 11
707-in making compensation decisions; and 12
708-(3) shall implement a survey to collect com-13
709-pensation data and other employment-related data 14
710-(including hiring, termination, and promotion data) 15
711-and designate not less than half of all nonconstruc-16
712-tion contractor establishments each year to prepare 17
713-and file such survey, and shall review and utilize the 18
714-responses to such survey to identify contractor es-19
715-tablishments for further evaluation and for other en-20
716-forcement purposes as appropriate. 21
673+ROGRAMSINITIATIVES.—The Director of the Office of 8
674+Federal Contract Compliance Programs shall ensure that 9
675+employees of the Office— 10
676+(1)(A) shall use the full range of investigatory 11
677+tools at the Office’s disposal, including pay grade 12
678+methodology; 13
679+(B) in considering evidence of possible com-14
680+pensation discrimination— 15
681+(i) shall not limit its consideration to a 16
682+small number of types of evidence; and 17
683+(ii) shall not limit its evaluation of the evi-18
684+dence to a small number of methods of evalu-19
685+ating the evidence; and 20
686+(C) shall not require a multiple regression anal-21
687+ysis or anecdotal evidence for a compensation dis-22
688+crimination case; 23
689+(2) for purposes of its investigative, compliance, 24
690+and enforcement activities, shall define ‘‘similarly 25
691+situated employees’’ in a way that is consistent with 26
692+VerDate Sep 11 2014 22:19 Mar 17, 2023 Jkt 039200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S728.IS S728
693+kjohnson on DSK79L0C42PROD with BILLS 25
694+•S 728 IS
695+and not more stringent than the definition provided 1
696+in item 1 of subsection A of section 10–III of the 2
697+Equal Employment Opportunity Commission Com-3
698+pliance Manual (2000), and shall consider only fac-4
699+tors that the Office’s investigation reveals were used 5
700+in making compensation decisions; and 6
701+(3) shall implement a survey to collect com-7
702+pensation data and other employment-related data 8
703+(including hiring, termination, and promotion data) 9
704+and designate not less than half of all nonconstruc-10
705+tion contractor establishments each year to prepare 11
706+and file such survey, and shall review and utilize the 12
707+responses to such survey to identify contractor es-13
708+tablishments for further evaluation and for other en-14
709+forcement purposes as appropriate. 15
717710 (c) D
718-EPARTMENT OF LABORDISTRIBUTION OF 22
711+EPARTMENT OF LABORDISTRIBUTION OF 16
719712 W
720-AGEDISCRIMINATIONINFORMATION.—The Secretary of 23
721-Labor shall make readily available (in print, on the De-24
722-partment of Labor website, and through any other forum 25
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725-•S 728 RS
726-that the Department may use to distribute compensation 1
727-discrimination information), accurate information on com-2
728-pensation discrimination, including statistics, explanations 3
729-of employee rights, historical analyses of such discrimina-4
730-tion, instructions for employers on compliance, and any 5
731-other information that will assist the public in under-6
732-standing and addressing such discrimination. 7
733-SEC. 10. PROHIBITIONS RELATING TO PROSPECTIVE EM-8
734-PLOYEES’ SALARY AND BENEFIT HISTORY. 9
713+AGEDISCRIMINATIONINFORMATION.—The Secretary of 17
714+Labor shall make readily available (in print, on the De-18
715+partment of Labor website, and through any other forum 19
716+that the Department may use to distribute compensation 20
717+discrimination information), accurate information on com-21
718+pensation discrimination, including statistics, explanations 22
719+of employee rights, historical analyses of such discrimina-23
720+tion, instructions for employers on compliance, and any 24
721+VerDate Sep 11 2014 22:19 Mar 17, 2023 Jkt 039200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S728.IS S728
722+kjohnson on DSK79L0C42PROD with BILLS 26
723+•S 728 IS
724+other information that will assist the public in under-1
725+standing and addressing such discrimination. 2
726+SEC. 10. PROHIBITIONS RELATING TO PROSPECTIVE EM-3
727+PLOYEES’ SALARY AND BENEFIT HISTORY. 4
735728 (a) I
736-NGENERAL.—The Fair Labor Standards Act of 10
737-1938 (29 U.S.C. 201 et seq.) is amended by inserting 11
738-after section 7 the following new section: 12
739-‘‘SEC. 8. REQUIREMENTS AND PROHIBITIONS RELATING TO 13
740-WAGE, SALARY, AND BENEFIT HISTORY. 14
729+NGENERAL.—The Fair Labor Standards Act of 5
730+1938 (29 U.S.C. 201 et seq.) is amended by inserting 6
731+after section 7 the following new section: 7
732+‘‘SEC. 8. REQUIREMENTS AND PROHIBITIONS RELATING TO 8
733+WAGE, SALARY, AND BENEFIT HISTORY. 9
741734 ‘‘(a) I
742-NGENERAL.—It shall be an unlawful practice 15
743-for an employer to— 16
744-‘‘(1) rely on the wage history of a prospective 17
745-employee in considering the prospective employee for 18
746-employment, including requiring that a prospective 19
747-employee’s prior wages satisfy minimum or max-20
748-imum criteria as a condition of being considered for 21
749-employment; 22
750-‘‘(2) rely on the wage history of a prospective 23
751-employee in determining the wages for such prospec-24
752-tive employee, except that an employer may rely on 25
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755-•S 728 RS
756-wage history if it is voluntarily provided by a pro-1
757-spective employee, after the employer makes an offer 2
758-of employment with an offer of compensation to the 3
759-prospective employee, to support a wage higher than 4
760-the wage offered by the employer; 5
761-‘‘(3) seek from a prospective employee or any 6
762-current or former employer the wage history of the 7
763-prospective employee, except that an employer may 8
764-seek to confirm prior wage information only after an 9
765-offer of employment with compensation has been 10
766-made to the prospective employee and the prospec-11
767-tive employee responds to the offer by providing 12
768-prior wage information to support a wage higher 13
769-than that offered by the employer; or 14
770-‘‘(4) discharge or in any other manner retaliate 15
771-against any employee or prospective employee be-16
772-cause the employee or prospective employee— 17
773-‘‘(A) opposed any act or practice made un-18
774-lawful by this section; or 19
775-‘‘(B) took an action for which discrimina-20
776-tion is forbidden under section 15(a)(3). 21
735+NGENERAL.—It shall be an unlawful practice 10
736+for an employer to— 11
737+‘‘(1) rely on the wage history of a prospective 12
738+employee in considering the prospective employee for 13
739+employment, including requiring that a prospective 14
740+employee’s prior wages satisfy minimum or max-15
741+imum criteria as a condition of being considered for 16
742+employment; 17
743+‘‘(2) rely on the wage history of a prospective 18
744+employee in determining the wages for such prospec-19
745+tive employee, except that an employer may rely on 20
746+wage history if it is voluntarily provided by a pro-21
747+spective employee, after the employer makes an offer 22
748+of employment with an offer of compensation to the 23
749+prospective employee, to support a wage higher than 24
750+the wage offered by the employer; 25
751+VerDate Sep 11 2014 22:19 Mar 17, 2023 Jkt 039200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S728.IS S728
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753+•S 728 IS
754+‘‘(3) seek from a prospective employee or any 1
755+current or former employer the wage history of the 2
756+prospective employee, except that an employer may 3
757+seek to confirm prior wage information only after an 4
758+offer of employment with compensation has been 5
759+made to the prospective employee and the prospec-6
760+tive employee responds to the offer by providing 7
761+prior wage information to support a wage higher 8
762+than that offered by the employer; or 9
763+‘‘(4) discharge or in any other manner retaliate 10
764+against any employee or prospective employee be-11
765+cause the employee or prospective employee— 12
766+‘‘(A) opposed any act or practice made un-13
767+lawful by this section; or 14
768+‘‘(B) took an action for which discrimina-15
769+tion is forbidden under section 15(a)(3). 16
777770 ‘‘(b) D
778-EFINITION.—In this section, the term ‘wage 22
779-history’ means the wages paid to the prospective employee 23
780-by the prospective employee’s current employer or previous 24
781-employer.’’. 25
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784-•S 728 RS
785-(b) PENALTIES.—Section 16 of such Act (29 U.S.C. 1
786-216) is amended by adding at the end the following new 2
787-subsection: 3
788-‘‘(f)(1) Any person who violates the provisions of sec-4
789-tion 8 shall— 5
790-‘‘(A) be subject to a civil penalty of $5,000 for 6
791-a first offense, increased by an additional $1,000 for 7
792-each subsequent offense, not to exceed $10,000; and 8
793-‘‘(B) be liable to each employee or prospective 9
794-employee who was the subject of the violation for 10
795-special damages not to exceed $10,000 plus attor-11
796-neys’ fees, and shall be subject to such injunctive re-12
797-lief as may be appropriate. 13
798-‘‘(2) An action to recover the liability described in 14
799-paragraph (1)(B) may be maintained against any em-15
800-ployer (including a public agency) in any Federal or State 16
801-court of competent jurisdiction by any one or more em-17
802-ployees or prospective employees for and on behalf of— 18
803-‘‘(A) the employees or prospective employees; 19
804-and 20
805-‘‘(B) other employees or prospective employees 21
806-similarly situated.’’. 22
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809-•S 728 RS
810-SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 1
771+EFINITION.—In this section, the term ‘wage 17
772+history’ means the wages paid to the prospective employee 18
773+by the prospective employee’s current employer or previous 19
774+employer.’’. 20
775+(b) P
776+ENALTIES.—Section 16 of such Act (29 U.S.C. 21
777+216) is amended by adding at the end the following new 22
778+subsection: 23
779+‘‘(f)(1) Any person who violates the provisions of sec-24
780+tion 8 shall— 25
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783+•S 728 IS
784+‘‘(A) be subject to a civil penalty of $5,000 for 1
785+a first offense, increased by an additional $1,000 for 2
786+each subsequent offense, not to exceed $10,000; and 3
787+‘‘(B) be liable to each employee or prospective 4
788+employee who was the subject of the violation for 5
789+special damages not to exceed $10,000 plus attor-6
790+neys’ fees, and shall be subject to such injunctive re-7
791+lief as may be appropriate. 8
792+‘‘(2) An action to recover the liability described in 9
793+paragraph (1)(B) may be maintained against any em-10
794+ployer (including a public agency) in any Federal or State 11
795+court of competent jurisdiction by any one or more em-12
796+ployees or prospective employees for and on behalf of— 13
797+‘‘(A) the employees or prospective employees; 14
798+and 15
799+‘‘(B) other employees or prospective employees 16
800+similarly situated.’’. 17
801+SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 18
811802 (a) A
812-UTHORIZATION OF APPROPRIATIONS.—There 2
813-are authorized to be appropriated such sums as may be 3
814-necessary to carry out this Act. 4
803+UTHORIZATION OF APPROPRIATIONS.—There 19
804+are authorized to be appropriated such sums as may be 20
805+necessary to carry out this Act. 21
815806 (b) P
816-ROHIBITION ONEARMARKS.—None of the funds 5
817-appropriated pursuant to subsection (a) for purposes of 6
818-the grant program in section 5 of this Act may be used 7
819-for a congressional earmark as defined in clause 9(e) of 8
820-rule XXI of the Rules of the House of Representatives. 9
821-SEC. 12. SMALL BUSINESS ASSISTANCE. 10
807+ROHIBITION ONEARMARKS.—None of the funds 22
808+appropriated pursuant to subsection (a) for purposes of 23
809+the grant program in section 5 of this Act may be used 24
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811+kjohnson on DSK79L0C42PROD with BILLS 29
812+•S 728 IS
813+for a congressional earmark as defined in clause 9(e) of 1
814+rule XXI of the Rules of the House of Representatives. 2
815+SEC. 12. SMALL BUSINESS ASSISTANCE. 3
822816 (a) E
823-FFECTIVEDATE.—This Act and the amend-11
824-ments made by this Act shall take effect on the date that 12
825-is 6 months after the date of enactment of this Act. 13
817+FFECTIVEDATE.—This Act and the amend-4
818+ments made by this Act shall take effect on the date that 5
819+is 6 months after the date of enactment of this Act. 6
826820 (b) T
827-ECHNICALASSISTANCEMATERIALS.—The Sec-14
828-retary of Labor and the Commissioner of the Equal Em-15
829-ployment Opportunity Commission shall jointly develop 16
830-technical assistance material to assist small enterprises in 17
831-complying with the requirements of this Act and the 18
832-amendments made by this Act. 19
821+ECHNICALASSISTANCEMATERIALS.—The Sec-7
822+retary of Labor and the Commissioner of the Equal Em-8
823+ployment Opportunity Commission shall jointly develop 9
824+technical assistance material to assist small enterprises in 10
825+complying with the requirements of this Act and the 11
826+amendments made by this Act. 12
833827 (c) S
834-MALLBUSINESSES.—A small enterprise shall be 20
835-exempt from the provisions of this Act, and the amend-21
836-ments made by this Act, to the same extent that such en-22
837-terprise is exempt from the requirements of the Fair 23
838-Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) pur-24
839-suant to clauses (i) and (ii) of section 3(s)(1)(A) of such 25
840-Act (29 U.S.C. 203(s)(1)(A)). 26
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842-pbinns on DSKJLVW7X2PROD with $$_JOB 30
843-•S 728 RS
844-SEC. 13. RULE OF CONSTRUCTION. 1
845-Nothing in this Act, or in any amendments made by 2
846-this Act, shall affect the obligation of employers and em-3
847-ployees to fully comply with all applicable immigration 4
848-laws, including being subject to any penalties, fines, or 5
849-other sanctions. 6
850-SEC. 14. SEVERABILITY. 7
851-If any provision of this Act, an amendment made by 8
852-this Act, or the application of that provision or amend-9
853-ment to particular persons or circumstances is held invalid 10
854-or found to be unconstitutional, the remainder of this Act, 11
855-the amendments made by this Act, or the application of 12
856-that provision to other persons or circumstances shall not 13
857-be affected. 14
858-VerDate Sep 11 2014 02:30 Jul 19, 2023 Jkt 039200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S728.RS S728
859-pbinns on DSKJLVW7X2PROD with $$_JOB VerDate Sep 11 2014 02:30 Jul 19, 2023 Jkt 039200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S728.RS S728
860-pbinns on DSKJLVW7X2PROD with $$_JOB Calendar No.
861-134
862-118
863-TH
864-CONGRESS
865-1
866-ST
867-S
868-ESSION
869-
870-S. 728 A BILL
871-To amend the Fair Labor Standards Act of 1938
872-to provide more effective remedies to victims of
873-discrimination in the payment of wages on the
874-basis of sex, and for other purposes.
875-J
876-ULY
877-18, 2023
878-Reported without amendment
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880-pbinns on DSKJLVW7X2PROD with $$_JOB
828+MALLBUSINESSES.—A small enterprise shall be 13
829+exempt from the provisions of this Act, and the amend-14
830+ments made by this Act, to the same extent that such en-15
831+terprise is exempt from the requirements of the Fair 16
832+Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) pur-17
833+suant to clauses (i) and (ii) of section 3(s)(1)(A) of such 18
834+Act (29 U.S.C. 203(s)(1)(A)). 19
835+SEC. 13. RULE OF CONSTRUCTION. 20
836+Nothing in this Act, or in any amendments made by 21
837+this Act, shall affect the obligation of employers and em-22
838+ployees to fully comply with all applicable immigration 23
839+laws, including being subject to any penalties, fines, or 24
840+other sanctions. 25
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842+kjohnson on DSK79L0C42PROD with BILLS 30
843+•S 728 IS
844+SEC. 14. SEVERABILITY. 1
845+If any provision of this Act, an amendment made by 2
846+this Act, or the application of that provision or amend-3
847+ment to particular persons or circumstances is held invalid 4
848+or found to be unconstitutional, the remainder of this Act, 5
849+the amendments made by this Act, or the application of 6
850+that provision to other persons or circumstances shall not 7
851+be affected. 8
852+Æ
853+VerDate Sep 11 2014 22:19 Mar 17, 2023 Jkt 039200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6301 E:\BILLS\S728.IS S728
854+kjohnson on DSK79L0C42PROD with BILLS