[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2418 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 2418

   To amend the Fair Labor Standards Act of 1938 to prohibit certain 
   practices by employers relating to restrictions on discussion of 
 employees' and prospective employees' salary and benefit history, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 11, 2017

   Ms. Norton (for herself, Mr. Nadler, Ms. DeLauro, and Ms. Speier) 
 introduced the following bill; which was referred to the Committee on 
                      Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
   To amend the Fair Labor Standards Act of 1938 to prohibit certain 
   practices by employers relating to restrictions on discussion of 
 employees' and prospective employees' salary and benefit history, 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 ``Pay Equity for All Act of 2017''.

SEC. 2. 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 adding after section 7 the following new 
section:

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

    ``It shall be an unlawful practice for an employer to--
            ``(1) screen prospective employees based on their previous 
        wages or salary histories, including benefits or other 
        compensation, including by requiring that a prospective 
        employee's previous wages or salary histories, including 
        benefits or other compensation, satisfy minimum or maximum 
        criteria, or request or require as a condition of being 
        interviewed, or as a condition of continuing to be considered 
        for an offer of employment or as a condition of employment, 
        that a prospective employee disclose previous wages or salary 
        histories, including benefits or other compensation;
            ``(2) seek the previous wages or salary history, including 
        benefits or other compensation, of any prospective employee 
        from any current or former employer of such employee; or
            ``(3) discharge or in any other manner retaliate against 
        any employee or prospective employee because the employee--
                    ``(A) opposed any act or practice made unlawful by 
                this section or made or is about to make a complaint 
                relating to any act or practice made unlawful by this 
                section; or
                    ``(B) testified or is about to testify, assist, or 
                participate in any manner in an investigation or 
                proceeding relating to any act or practice made 
                unlawful by this section.''.
    (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 in behalf of 
himself or themselves and other employees similarly situated.''.
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