[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2966 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2966

 To amend the Fair Labor Standards Act of 1938 to prohibit retaliation 
and confidentiality policies relating to disclosure of employee wages, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 27, 2000

   Mr. Jeffords (for himself, Mr. Baucus, Mr. Edwards, and Mr. Roth) 
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 prohibit retaliation 
and confidentiality policies relating to disclosure of employee wages, 
                        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 ``Wage Awareness Protection Act''.

SEC. 2. PROHIBITED ACTS.

    (a) Prohibition on Retaliation and Confidentiality Policies.--
Section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)) 
is amended--
            (1) by redesignating paragraph (4) as paragraph (6); and
            (2) by inserting after paragraph (3) the following:
    ``(4) It shall be unlawful for any person--
            ``(A) to discharge or in any other manner discriminate 
        against any employee because such employee--
                    ``(i) has made a charge, assisted, or participated 
                in any manner in an investigation, hearing, or other 
                proceeding under this subsection; or
                    ``(ii) has inquired about, discussed, or otherwise 
                disclosed the wages of the employee, or another 
                employee who is not covered by a confidentiality policy 
                that is lawful under subparagraph (B); or
            ``(B) to make or enforce a written or oral confidentiality 
        policy that prohibits an employee from inquiring about, 
        discussing, or otherwise disclosing the wages of the employee 
        or another employee, except that nothing in this subparagraph 
        shall be construed--
                    ``(i) to prohibit an employer from making or 
                enforcing such a confidentiality policy, for an 
                employee who regularly, in the course of carrying out 
                the employer's business, obtains information about the 
                wages of other employees, that prohibits the employee 
                from inquiring about, discussing, or otherwise 
                disclosing the wages of another employee, except that 
                an employee may discuss or otherwise disclose the 
                employee's own wages; and
                    ``(ii) to require the employer to disclose an 
                employee's wages.
    ``(5) For purposes of sections 16 and 17, a violation of paragraph 
(4) shall be treated as a violation of section 15(a)(3), rather than as 
a violation of this section.''.
    (b) Conforming Amendment.--Section 6(d)(3) of the Fair Labor 
Standands Act of 1938 (29 U.S.C. 206(d)(3) is amended by inserting 
``(other than paragraph (4))'' after ``this subsection''.
                                 <all>