119-s1115

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1115 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1115

To amend the Fair Labor Standards Act of 1938 to provide more effective 
 remedies to victims of discrimination in the payment of wages on the 
 basis of sex, and for other purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 March 25, 2025

Mrs. Murray (for herself, Mr. Sanders, Ms. Alsobrooks, Ms. Baldwin, Mr. 
Bennet, Mr. Blumenthal, Ms. Blunt Rochester, Mr. Booker, Ms. Cantwell, 
Mr. Coons, Ms. Cortez Masto, Ms. Duckworth, Mr. Durbin, Mr. Fetterman, 
 Mr. Gallego, Mrs. Gillibrand, Ms. Hassan, Mr. Heinrich, Mr. 
Hickenlooper, Ms. Hirono, Mr. Kaine, Mr. Kelly, Mr. Kim, Mr. King, Ms. 
Klobuchar, Mr. Lujan, Mr. Markey, Mr. Merkley, Mr. Murphy, Mr. Ossoff, 
 Mr. Padilla, Mr. Peters, Mr. Reed, Ms. Rosen, Mr. Schatz, Mr. Schiff, 
Mr. Schumer, Mrs. Shaheen, Ms. Slotkin, Ms. Smith, Mr. Van Hollen, Mr. 
 Warner, Mr. Warnock, Ms. Warren, Mr. Welch, Mr. Whitehouse, and Mr. 
Wyden) introduced the following bill; which was read twice and referred 
 to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

 A BILL

To amend the Fair Labor Standards Act of 1938 to provide more effective 
 remedies to victims of discrimination in the payment of wages on the 
 basis of sex, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Paycheck Fairness Act''.

SEC. 2. FINDINGS.

 Congress finds the following:

    (1) Women have entered the workforce in record numbers over 
 the past 50 years.

    (2) Despite the enactment of the Equal Pay Act of 1963 
 (Public Law 88-38), many women continue to earn significantly 
 lower pay than men for equal work. These pay disparities exist 
 in both the private and governmental sectors. Pay disparities 
 are especially severe for women and girls of color.

    (3) In many instances, the pay disparities can only be due 
 to continued intentional discrimination or the lingering 
 effects of past discrimination. After controlling for 
 educational attainment, occupation, industry, union status, 
 race, ethnicity, and labor force experience roughly 40 percent 
 of the pay gap remains unexplained.

    (4) The existence of such pay disparities--
        (A) depresses the wages of working families who 
 rely on the wages of all members of the family to make 
 ends meet;
        (B) undermines women's retirement security, which 
 is often based on earnings while in the workforce;
            (C) prevents women from realizing their full 
 economic potential, particularly in terms of labor 
 force participation and attachment;
            (D) has been spread and perpetuated, through 
 commerce and the channels and instrumentalities of 
 commerce, among the workers of the several States;
        (E) burdens commerce and the free flow of goods in 
 commerce;
        (F) constitutes an unfair method of competition in 
 commerce;
        (G) tends to cause labor disputes, as evidenced by 
 the tens of thousands of charges filed with the Equal 
 Employment Opportunity Commission against employers 
 between 2010 and 2016;
        (H) interferes with the orderly and fair marketing 
 of goods in commerce; and
            (I) in many instances, may deprive workers of equal 
 protection on the basis of sex in violation of the 
 Fifth and 14th Amendments to the Constitution of the 
 United States.

    (5)
        (A) Artificial barriers to the elimination of 
 discrimination in the payment of wages on the basis of sex 
 continue to exist decades after the enactment of the Fair Labor 
 Standards Act of 1938 (29 U.S.C. 201 et seq.) and the Civil 
 Rights Act of 1964 (42 U.S.C. 2000a et seq.).
        (B) These barriers have resulted, in significant part, 
 because the Equal Pay Act of 1963 has not worked as Congress 
 originally intended. Improvements and modifications to the law 
 are necessary to ensure that the Act provides effective 
 protection to those subject to pay discrimination on the basis 
 of their sex.
            (C) Elimination of such barriers would have positive 
 effects, including--
            (i) providing a solution to problems in the economy 
 created by unfair pay disparities;
            (ii) substantially reducing the number of working 
 women earning unfairly low wages, thereby reducing the 
 dependence on public assistance;
            (iii) promoting stable families by enabling all 
 family members to earn a fair rate of pay;
            (iv) remedying the effects of past discrimination 
 on the basis of sex and ensuring that in the future 
 workers are afforded equal protection on the basis of 
 sex; and
            (v) ensuring equal protection pursuant to Congress' 
 power to enforce the Fifth and 14th Amendments to the 
 Constitution of the United States.

    (6) The Department of Labor and the Equal Employment 
 Opportunity Commission carry out functions to help ensure that 
 women receive equal pay for equal work.

    (7) The Department of Labor is responsible for--
        (A) collecting and making publicly available 
 information about women's pay;
        (B) disseminating information about women's rights 
 in the workplace;
            (C) helping women who have been victims of pay 
 discrimination obtain a remedy; and
            (D) investigating and prosecuting systemic gender 
 based pay discrimination involving government 
 contractors.

    (8) The Equal Employment Opportunity Commission is the 
 primary enforcement agency for claims made under the Equal Pay 
 Act of 1963, and issues regulations and guidance on appropriate 
 interpretations of the law.

    (9) Vigorous implementation by the Department of Labor and 
 the Equal Employment Opportunity Commission, increased 
 information as a result of the amendments made by this Act, 
 wage data, and more effective remedies, will ensure that women 
 are better able to recognize and enforce their rights.

    (10) Certain employers have already made great strides in 
 eradicating unfair pay disparities in the workplace and their 
 achievements should be recognized.

SEC. 3. ENHANCED ENFORCEMENT OF EQUAL PAY REQUIREMENTS.

    (a) Bona Fide Factor Defense and Modification of Same Establishment 
Requirement.--

Section 6
            (d) (1) of the Fair Labor Standards Act of 1938 
(29 U.S.C. 206
            (d) (1) ) is amended--

    (1) by striking ``No employer having'' and inserting ``
        (A) No employer having'';

    (2) by striking ``any other factor other than sex'' and 
 inserting ``a bona fide factor other than sex, such as 
 education, training, or experience''; and

    (3) by adding at the end the following:
 ``
        (B) 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.
 ``
            (C) 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.''.

    (b) Nonretaliation Provision.--

Section 15 of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 215) is amended--

    (1) in subsection

    (a) --
        (A) in paragraph

    (3) , by striking ``employee has 
 filed'' and all that follows and inserting ``employee--
 ``
        (A) 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
 ``
        (B) 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 involved are set at a certain 
 rate or salary);'';
        (B) in paragraph

    (5) , by striking ``and'' at the 
 end;
            (C) in paragraph

    (6) , by striking the period at the 
 end and inserting ``; and''; and
            (D) by adding at the end the following:
 ``

    (7) to require an employee to sign a contract or waiver 
 that would prohibit the employee from disclosing information 
 about the employee's wages.''; and

    (2) by adding at the end the following:
 ``
            (c) 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.''.
            (c) Enhanced Penalties.--

Section 16

    (b) of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 216

    (b) ) is amended--

    (1) by inserting after the first sentence the following: 
 ``Any employer who violates 

section 6
            (d) shall additionally be 
 liable for such compensatory damages, or, if 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.'';

    (2) in the sentence beginning ``An action to'', by striking 
 ``the preceding sentences'' and inserting ``any of the 
 preceding sentences of this subsection'';

    (3) 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'';

    (4) 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

    (5) in the sentence beginning ``The court in''--
        (A) 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
        (B) by inserting before the period the following: 
 ``, including expert fees''.
            (d) Action by the Secretary.--

Section 16
            (c) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 216
            (c) ) is amended--

    (1) in the first sentence--
        (A) 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
        (B) by inserting before the period the following: 
 ``, or such compensatory or punitive damages, as 
 appropriate'';

    (2) 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) '';

    (3) in the third sentence, by striking ``the first 
 sentence'' and inserting ``the first or second sentence''; and

    (4) in the sixth sentence--
        (A) by striking ``commenced in the case'' and 
 inserting ``commenced--
 ``

    (1) in the case'';
        (B) by striking the period and inserting ``; or''; 
 and
            (C) by adding at the end the following:
 ``

    (2) 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.''.

SEC. 4. TRAINING.

 The Equal Employment Opportunity Commission and the Office of 
Federal Contract Compliance Programs, subject to the availability of 
funds appropriated under 

section 11, shall provide training to 
Commission employees and affected individuals and entities on matters 
involving discrimination in the payment of wages.

SEC. 5. NEGOTIATION SKILLS TRAINING.

    (a) Program Authorized.--

    (1) In general.--The Secretary of Labor, after consultation 
 with the Secretary of Education, is authorized to establish and 
 carry out a grant program.

    (2) Grants.--In carrying out the program, the Secretary of 
 Labor may make grants on a competitive basis to eligible 
 entities to carry out negotiation skills training programs for 
 the purposes of addressing pay disparities, including through 
 outreach to women and girls.

    (3) Eligible entities.--To be eligible to receive a grant 
 under this subsection, an entity shall be a public agency, such 
 as a State, a local government in a metropolitan statistical 
 area (as defined by the Office of Management and Budget), a 
 State educational agency, or a local educational agency, a 
 private nonprofit organization, or a community-based 
 organization.

    (4) Application.--To be eligible to receive a grant under 
 this subsection, an entity shall submit an application to the 
 Secretary of Labor at such time, in such manner, and containing 
 such information as the Secretary of Labor may require.

    (5) Use of funds.--An entity that receives a grant under 
 this subsection shall use the funds made available through the 
 grant to carry out an effective negotiation skills training 
 program for the purposes described in paragraph

    (2) .

    (b) Incorporating Training Into Existing Programs.--The Secretary 
of Labor and the Secretary of Education shall issue regulations or 
policy guidance that provides for integrating the negotiation skills 
training, to the extent practicable, into programs authorized under--

    (1) in the case of the Secretary of Education, the 
 Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 
 et seq.), the Carl D. Perkins Career and Technical Education 
 Act of 2006 (20 U.S.C. 2301 et seq.), the Higher Education Act 
 of 1965 (20 U.S.C. 1001 et seq.), and other programs carried 
 out by the Department of Education that the Secretary of 
 Education determines to be appropriate; and

    (2) in the case of the Secretary of Labor, the Workforce 
 Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), and 
 other programs carried out by the Department of Labor that the 
 Secretary of Labor determines to be appropriate.
            (c) Report.--Not later than 18 months after the date of enactment 
of this Act, and annually thereafter, the Secretary of Labor, in 
consultation with the Secretary of Education, shall prepare and submit 
to Congress a report describing the activities conducted under this 
section and evaluating the effectiveness of such activities in 
achieving the purposes of this section.

SEC. 6. RESEARCH, EDUCATION, AND OUTREACH.

    (a) In General.--Not later than 18 months after the date of 
enactment of this Act, and periodically thereafter, the Secretary of 
Labor shall conduct studies and provide information to employers, labor 
organizations, and the general public concerning the means available to 
eliminate pay disparities between men and women (including women who 
are Asian American, Black or African American, Hispanic American or 
Latino, Native American or Alaska Native, Native Hawaiian or Pacific 
Islander, and White American), including--

    (1) conducting and promoting research to develop the means 
 to correct expeditiously the conditions leading to the pay 
 disparities, with specific attention paid to women and girls 
 from historically underrepresented and minority groups;

    (2) publishing and otherwise making available to employers, 
 labor organizations, professional associations, educational 
 institutions, the media, and the general public the findings 
 resulting from studies and other materials, relating to 
 eliminating the pay disparities;

    (3) sponsoring and assisting State, local, and community 
 informational and educational programs;

    (4) providing information to employers, labor 
 organizations, professional associations, and other interested 
 persons on the means of eliminating the pay disparities; and

    (5) recognizing and promoting the achievements of 
 employers, labor organizations, and professional associations 
 that have worked to eliminate the pay disparities.

    (b) Report on Gender Pay Gap in Teenage Labor Force.--

    (1) Report required.--Not later than one year after the 
 date of the enactment of this Act, the Secretary of Labor, 
 acting through the Director of the Women's Bureau and in 
 coordination with the Commissioner of Labor Statistics, shall--
        (A) submit to Congress a report on the gender pay 
 gap in the teenage labor force; and
        (B) make the report available on a publicly 
 accessible website of the Department of Labor.

    (2) Elements.--The report under paragraph

    (1) shall include 
 the following:
        (A) An examination of trends and potential 
 solutions relating to the teenage gender pay gap.
        (B) An examination of how the teenage gender pay 
 gap potentially translates into greater wage gaps in 
 the overall labor force.
            (C) An examination of overall lifetime earnings and 
 losses for informal and formal jobs for women, 
 including women of color.
            (D) An examination of the teenage gender pay gap, 
 including a comparison of the average amount earned by 
 males and females, respectively, in informal jobs, such 
 as babysitting and other freelance jobs, as well as 
 formal jobs, such as retail, restaurant, and customer 
 service.
        (E) A comparison of--
            (i) the types of tasks typically performed 
 by women from the teenage years through 
 adulthood within certain informal jobs, such as 
 babysitting and other freelance jobs, and 
 formal jobs, such as retail, restaurant, and 
 customer service; and
            (ii) the types of tasks performed by 
 younger males in such positions.
        (F) Interviews and surveys with workers and 
 employers relating to early gender-based pay 
 discrepancies.
        (G) Recommendations for--
            (i) addressing pay inequality for women 
 from the teenage years through adulthood, 
 including such women of color;
            (ii) addressing any disadvantages 
 experienced by young women with respect to work 
 experience and professional development;
            (iii) the development of standards and best 
 practices for workers and employees to ensure 
 better pay for young women and the prevention 
 of early inequalities in the workplace; and
            (iv) expanding awareness for teenage girls 
 on pay rates and employment rights in order to 
 reduce greater inequalities in the overall 
 labor force.

SEC. 7. ESTABLISHMENT OF THE NATIONAL AWARD FOR PAY EQUITY IN THE 
 WORKPLACE.

    (a) In General.--There is established the Secretary of Labor's 
National Award for Pay Equity in the Workplace, which shall be awarded, 
on an annual basis, to an employer to encourage proactive efforts to 
comply with 

section 6
            (d) of the Fair Labor Standards Act of 1938 (29 
U.S.C. 206
            (d) ), as amended by this Act.

    (b) Criteria for Qualification.--The Secretary of Labor shall set 
criteria for receipt of the award, including a requirement that an 
employer has made substantial effort to eliminate pay disparities 
between men and women, and deserves special recognition as a 
consequence of such effort. The Secretary shall establish procedures 
for the application and presentation of the award.
            (c) Business.--In this section, the term ``employer'' includes--

    (1)
        (A) a corporation, including a nonprofit corporation;
        (B) a partnership;
            (C) a professional association;
            (D) a labor organization; and
        (E) a business entity similar to an entity described in any 
 of subparagraphs
        (A) through
            (D) ;

    (2) an entity carrying out an education referral program, a 
 training program, such as an apprenticeship or management 
 training program, or a similar program; and

    (3) an entity carrying out a joint program, formed by a 
 combination of any entities described in paragraph

    (1) or

    (2) .

SEC. 8. COLLECTION OF PAY INFORMATION BY THE EQUAL EMPLOYMENT 
 OPPORTUNITY COMMISSION.

 

Section 709 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-8) is 
amended by adding at the end the following:
 ``

    (f)

    (1) Not later than 18 months after the date of enactment of 
this subsection, the Commission shall provide for the collection from 
employers of compensation data and other employment-related data 
(including hiring, termination, and promotion data) disaggregated by 
the sex, race, and ethnic identity of employees.
 ``

    (2) In carrying out paragraph

    (1) , the Commission shall have as 
its primary consideration the most effective and efficient means for 
enhancing the enforcement of Federal laws prohibiting pay 
discrimination. For this purpose, the Commission shall consider factors 
including the imposition of burdens on employers, the frequency of 
required reports (including the size of employers required to prepare 
reports), appropriate protections for maintaining data confidentiality, 
and the most effective format to report such data.
 ``

    (3)
        (A) For each 12-month reporting period for an employer, the 
compensation data collected under paragraph

    (1) shall include, for each 
range of taxable compensation described in subparagraph
        (B) , 
disaggregated by the categories described in subparagraph
        (E) --
 ``
            (i) the number of employees of the employer who earn 
 taxable compensation in an amount that falls within such 
 taxable compensation range; and
 ``
            (ii) the total number of hours worked by such employees.
 ``
        (B) Subject to adjustment under subparagraph
            (C) , the taxable 
compensation ranges described in this subparagraph are as follows:
 ``
            (i) Not more than $19,239.
 ``
            (ii) Not less than $19,240 and not more than $24,439.
 ``
            (iii) Not less than $24,440 and not more than $30,679.
 ``
            (iv) Not less than $30,680 and not more than $38,999.
 ``
            (v) Not less than $39,000 and not more than $49,919.
 ``
            (vi) Not less than $49,920 and not more than $62,919.
 ``
            (vii) Not less than $62,920 and not more than $80,079.
 ``
            (viii) Not less than $80,080 and not more than $101,919.
 ``
            (ix) Not less than $101,920 and not more than $128,959.
 ``
            (x) Not less than $128,960 and not more than $163,799.
 ``
            (xi) Not less than $163,800 and not more than $207,999.
 ``
            (xii) Not less than $208,000.
 ``
            (C) The Commission may adjust the taxable compensation ranges 
under subparagraph
        (B) --
 ``
            (i) if the Commission determines that such adjustment is 
 necessary to enhance enforcement of Federal laws prohibiting 
 pay discrimination; or
 ``
            (ii) for inflation, in consultation with the Bureau of 
 Labor Statistics.
 ``
            (D) In collecting data described in subparagraph
        (A)
            (ii) , the 
Commission shall provide that, with respect to an employee who the 
employer is not required to compensate for overtime employment under 

section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207), an 
employer may report--
 ``
            (i) in the case of a full-time employee, that such 
 employee works 40 hours per week, and in the case of a part-
 time employee, that such employee works 20 hours per week; or
 ``
            (ii) the actual number of hours worked by such employee.
 ``
        (E) The categories described in this subparagraph shall be 
determined by the Commission and shall include--
 ``
            (i) race;
 ``
            (ii) ethnic identity;
 ``
            (iii) sex; and
 ``
            (iv) job categories, including the job categories 
 described in the instructions for the Equal Employment 
 Opportunity Employer Information Report EEO-1, as in effect on 
 the date of the enactment of this subsection.
 ``
        (F) The Commission shall use the compensation data collected 
under paragraph

    (1) --
 ``
            (i) to enhance--
 ``
            (I) the investigation of charges filed under 
 

section 706 or 

section 6
            (d) of the Fair Labor Standards 
 Act of 1938 (29 U.S.C. 206
            (d) ); and
 ``
            (II) the allocation of resources to investigate 
 such charges; and
 ``
            (ii) for any other purpose that the Commission determines 
 appropriate.
 ``
        (G) The Commission shall annually make publicly available 
aggregate compensation data collected under paragraph

    (1) for the 
categories described in subparagraph
        (E) , disaggregated by industry, 
occupation, and core based statistical area (as defined by the Office 
of Management and Budget).
 ``

    (4) The compensation data under paragraph

    (1) shall be collected 
from each employer that--
 ``
        (A) is a private employer that has 100 or more employees, 
 including such an employer that is a contractor with the 
 Federal Government, or a subcontractor at any tier thereof; or
 ``
        (B) the Commission determines appropriate.''.

SEC. 9. REINSTATEMENT OF PAY EQUITY PROGRAMS AND PAY EQUITY DATA 
 COLLECTION.

    (a) Bureau of Labor Statistics Data Collection.--The Commissioner 
of Labor Statistics shall continue to collect data on women workers in 
the Current Employment Statistics survey.

    (b) Office of Federal Contract Compliance Programs Initiatives.--
The Director of the Office of Federal Contract Compliance Programs 
shall ensure that employees of the Office--

    (1)
        (A) shall use the full range of investigatory tools at 
 the Office's disposal, including pay grade methodology;
        (B) in considering evidence of possible compensation 
 discrimination--
            (i) shall not limit its consideration to a small 
 number of types of evidence; and
            (ii) shall not limit its evaluation of the evidence 
 to a small number of methods of evaluating the 
 evidence; and
            (C) shall not require a multiple regression analysis or 
 anecdotal evidence for a compensation discrimination case;

    (2) for purposes of its investigative, compliance, and 
 enforcement activities, shall define ``similarly situated 
 employees'' in a way that is consistent with and not more 
 stringent than the definition provided in item 1 of subsection 
 A of 

section 10-III of the Equal Employment Opportunity 
 Commission Compliance Manual

    (2000) , and shall consider only 
 factors that the Office's investigation reveals were used in 
 making compensation decisions; and

    (3) shall implement a survey to collect compensation data 
 and other employment-related data (including hiring, 
 termination, and promotion data) and designate not less than 
 half of all nonconstruction contractor establishments each year 
 to prepare and file such survey, and shall review and utilize 
 the responses to such survey to identify contractor 
 establishments for further evaluation and for other enforcement 
 purposes as appropriate.
            (c) Department of Labor Distribution of Wage Discrimination 
Information.--The Secretary of Labor shall make readily available (in 
print, on the Department of Labor website, and through any other forum 
that the Department may use to distribute compensation discrimination 
information), accurate information on compensation discrimination, 
including statistics, explanations of employee rights, historical 
analyses of such discrimination, instructions for employers on 
compliance, and any other information that will assist the public in 
understanding and addressing such discrimination.

SEC. 10. PROHIBITIONS RELATING TO PROSPECTIVE EMPLOYEES' SALARY AND 
 BENEFIT HISTORY.

    (a) In General.--The Fair Labor Standards Act of 1938 (29 U.S.C. 
201 et seq.) is amended by inserting after 

section 7 the following new 
section:

``

SEC. 8. REQUIREMENTS AND PROHIBITIONS RELATING TO WAGE, SALARY, AND 
 BENEFIT HISTORY.

 ``

    (a) In General.--It shall be an unlawful practice for an employer 
to--
 ``

    (1) rely on the wage history of a prospective employee in 
 considering the prospective employee for employment in a 
 position as an employee who in any workweek is engaged in 
 commerce or in the production of goods for commerce, or is 
 employed in an enterprise engaged in commerce or in the 
 production of goods for commerce, including requiring that a 
 prospective employee's prior wages satisfy minimum or maximum 
 criteria as a condition of being considered for such 
 employment;
 ``

    (2) rely on the wage history of a prospective employee in 
 determining the wages for such prospective employee for a 
 position described in paragraph

    (1) of the employer, except 
 that an employer may rely on wage history if it is voluntarily 
 provided by a prospective employee, after the employer makes an 
 offer of employment in such a position with an offer of 
 compensation to the prospective employee for such position, to 
 support a wage higher than the wage offered by the employer;
 ``

    (3) seek from a prospective employee for a position 
 described in paragraph

    (1) or any current or former employer of 
 such prospective employee the wage history of the prospective 
 employee, except that an employer may seek to confirm prior 
 wage information only after an offer of employment for such a 
 position with compensation has been made to the prospective 
 employee and the prospective employee responds to the offer by 
 providing prior wage information to support a wage higher than 
 that offered by the employer; or
 ``

    (4) discharge or in any other manner retaliate against 
 any employee or prospective employee for a position described 
 in paragraph

    (1) because the employee or prospective employee--
 ``
        (A) opposed any act or practice made unlawful by 
 this section; or
 ``
        (B) took an action for which discrimination is 
 forbidden under 

section 15

    (a)

    (3) .
 ``

    (b) 

=== Definition. ===
-In this section, the term `wage history' means 
the wages paid to the prospective employee by the prospective 
employee's current employer or previous employer.''.

    (b) Penalties.--

Section 16 of such Act (29 U.S.C. 216) is amended 
by adding at the end the following new subsection:
 ``

    (f)

    (1) Any person who violates the provisions of 

section 8 
shall--
 ``
        (A) be subject to a civil penalty of $5,000 for a first 
 offense, increased by an additional $1,000 for each subsequent 
 offense, not to exceed $10,000; and
 ``
        (B) be liable to each employee or prospective employee 
 who was the subject of the violation for special damages not to 
 exceed $10,000 plus attorneys' fees, and shall be subject to 
 such injunctive relief as may be appropriate.
 ``

    (2) An action to recover the liability described in paragraph

    (1)
        (B) may be maintained against any employer (including a public 
agency) in any Federal or State court of competent jurisdiction by any 
one or more employees or prospective employees for and on behalf of--
 ``
        (A) the employees or prospective employees; and
 ``
        (B) other employees or prospective employees similarly 
 situated.''.
            (c) Conforming Amendment.--

Section 10 of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 210) is repealed.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this Act.

    (b) Prohibition on Earmarks.--None of the funds appropriated 
pursuant to subsection

    (a) for purposes of the grant program in 

section 5 of this Act may be used for a congressional earmark as defined in 
clause 9

    (e) of rule XXI of the Rules of the House of Representatives.

SEC. 12. SMALL BUSINESS ASSISTANCE.

    (a) Effective Date.--This Act and the amendments made by this Act 
shall take effect on the date that is 6 months after the date of 
enactment of this Act.

    (b) Technical Assistance Materials.--The Secretary of Labor and the 
Commissioner of the Equal Employment Opportunity Commission shall 
jointly develop technical assistance material to assist small 
enterprises in complying with the requirements of this Act and the 
amendments made by this Act.
            (c) Small Businesses.--A small enterprise shall be exempt from the 
provisions of this Act, and the amendments made by this Act, to the 
same extent that such enterprise is exempt from the requirements of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) pursuant to 
clauses
            (i) and
            (ii) of 

section 3

    (s)

    (1)
        (A) of such Act (29 U.S.C. 
203

    (s)

    (1)
        (A) ).

SEC. 13. RULE OF CONSTRUCTION.

 Nothing in this Act, or in any amendments made by this Act, shall 
affect the obligation of employers and employees to fully comply with 
all applicable immigration laws, including being subject to any 
penalties, fines, or other sanctions.

SEC. 14. SEVERABILITY.

 If any provision of this Act, an amendment made by this Act, or the 
application of that provision or amendment to particular persons or 
circumstances is held invalid or found to be unconstitutional, the 
remainder of this Act, the amendments made by this Act, or the 
application of that provision to other persons or circumstances shall 
not be affected.
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