[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1935 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 1935
To amend the Fair Labor Standards Act of 1938 to enhance provisions
related to pay discrimination, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 27, 2019
Ms. Stefanik (for herself, Mr. Hurd of Texas, Mr. Conaway, Mr. Stivers,
Ms. Granger, Mr. Upton, Mrs. Brooks of Indiana, Mr. Marshall, Mr. Diaz-
Balart, Mr. Gianforte, Mr. Huizenga, Mr. Katko, Mr. Cole, Mrs. Rodgers
of Washington, Mr. Turner, Mr. Bucshon, Mr. McHenry, Mrs. Walorski, Mr.
Hagedorn, Mr. Walden, Mr. Smucker, Mr. Thompson of Pennsylvania, Mr.
Steil, Mr. Flores, Mr. Fortenberry, Mr. Reed, Mr. Wright, Mr. Cook, Mr.
Hudson, Mr. Gonzalez of Ohio, Mrs. Wagner, Mr. Burgess, Mr. King of New
York, Mr. Collins of New York, Mr. Stauber, Ms. Herrera Beutler, Mr.
Balderson, Mr. McKinley, Mr. Zeldin, Mr. Bost, Mr. Ferguson, Mr. Joyce
of Ohio, Mr. Timmons, Mr. David P. Roe of Tennessee, Mr. Chabot, Mr.
Latta, Mr. Byrne, Mr. Kinzinger, and Mr. LaHood) introduced the
following bill; which was referred to the Committee on Education and
Labor
_______________________________________________________________________
A BILL
To amend the Fair Labor Standards Act of 1938 to enhance provisions
related to pay discrimination, 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 referred to as the ``Wage Equity Act of 2019''.
SEC. 2. FINDINGS.
(1) In 1963, Congress passed on a bipartisan basis the
Equal Pay Act of 1963 to prohibit discrimination on account of
sex in the payment of wages for equal work performed by
employees for employers engaged in commerce or in the
production of goods for commerce.
(2) Following the passage of such Act, in 1964, Congress
passed on a bipartisan basis the Civil Rights Act of 1964.
Since the passage of both the Equal Pay Act of 1963 and the
Civil Rights Act of 1964, women have made significant strides,
both in the workforce and in their educational pursuits.
(3) Currently, there are nearly 75,000,000 women in the
workforce, the most in American history. Of the 2,800,000 jobs
created in 2018, 58 percent went to women. This follows a trend
that has been rising for some time. Women are graduating from
college at a higher rate than their male counter parts, making
up over 58 percent of all college degrees conferred in 2017.
Additionally, according to a recent survey of working women, 49
percent of employed women are their family's primary
breadwinner. Women hold the majority of positions in the five
fastest growing fields.
(4) Despite these advances there is still concern among the
American public that gender-based pay discrimination has not
been eliminated.
SEC. 3. FLEXIBLE WORK ARRANGEMENT PLAN.
Section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C.
206(d)) is amended--
(1) in paragraph (1)--
(A) by striking ``or'' after ``a system which
measures earnings by quantity or quality or
production'';
(B) inserting ``; or (v) a flexible work
arrangement plan'' after ``any other factor other than
sex''; and
(C) by inserting ``job-related'' before ``factor
other than sex''; and
(2) by adding at the end the following:
``(5) In this subsection, the term `flexible work
arrangement plan' means a plan offered by an employer that an
employee may opt into in which the employee agrees to certain
scheduling benefits, including--
``(A) flexible scheduling.
``(B) a telework program; or
``(C) a compressed work schedule program that
allows the employee to work the equivalent of full-time
employment over a fewer number of days by increasing
the number of daily hours worked.''.
SEC. 4. PAY ANALYSIS.
Section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216)
is amended by adding at the end the following:
``(f)(1) If an employer conducts a pay analysis audit and such
audit reveals unlawful differentials in pay between equal jobs and such
employer takes reasonable steps to address such differentials
consistent with federal laws prohibiting pay discrimination, such
employer shall not be liable for liquidated damages in an action
brought against the employer for a violation of section 6(d) if such
audit is conducted--
``(A) in good faith to investigate such
differentials; and
``(B) not earlier than the date that is 3 years
before the date on which the action is brought and not
later than the date that is 1 day before the action is
brought.
``(2) An audit under this section and remedial action taken
in response to the findings of such audit may not be
discoverable or admissible for any purpose in any claim against
the employer.
``(3) An employer who has not completed an audit under this
subsection shall not be subject to a negative or adverse
inference as a result of not having completed such audit.''.
SEC. 5. WAGE, SALARY, AND BENEFIT HISTORY; DISCUSSION OF WAGES.
(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. PROVISIONS RELATING TO WAGE, SALARY, AND BENEFIT HISTORY AND
DISCUSSION OF WAGES.
``(a) Requirements and Prohibitions Relating to Wage, Salary, and
Benefit History.--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, including
requiring that a prospective employee's prior wages satisfy
minimum or maximum criteria as a condition of being considered
for employment, except that an employer may rely on wage
history if it is voluntarily provided by a prospective
employee;
``(2) rely on the wage history of a prospective employee in
determining the wages for such prospective employee, except
that an employer may rely on wage history if it is voluntarily
provided by a prospective employee;
``(3) require a prospective employee to disclose the wage
history of such prospective employee; or
``(4) discharge or in any other manner retaliate against
any employee or prospective employee 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) Prohibitions Relating to Discussion of Wages.--Subject to
subsection (c), it shall be an unlawful practice for an employer to--
``(1) prohibit an employee from inquiring about,
discussing, or disclosing the wages of the employee or another
employee, if such employee has voluntarily disclosed the wages
of such employee;
``(2) prohibit an employee from requesting from the
employer an explanation of differentials in compensation among
employees; or
``(3) take an adverse employment action against an employee
for--
``(A) conduct described under paragraphs (1) or
(2); or
``(B) encouraging employees to engage in conduct
described in such paragraphs.
``(c) Limitations Relating to Discussion of Wages.--(1) An employer
may impose reasonable time, place, and manner limitations on conduct
described under subsection (b) if such limitations are written and
available to each employee.
``(2) Such limitations may include a prohibition on the discussion
by an employee of the wages of another employee if such employee did
not voluntarily disclose the wages of such employee.
``(d) Salary Expectation Conversation.--Nothing in this section
shall be construed to prevent an employer from--
``(1) inquiring about the salary expectations of a
prospective employee; or
``(2) providing information to such employee about the
compensation and benefits offered in relation to the position.
``(e) 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) Penalty.--Section 16 of such Act (29 U.S.C. 216) is amended by
adding at the end the following new subsection:
``(f) Any person who violates the provisions of section 8 shall be
liable to each employee for an amount equal to the sum of--
``(1) $2,000 for a first offense, increased by an
additional $500 for each subsequent offense, not to exceed
$5,000; and
``(2) with respect to an employee of the employer, the
amount that the employee would have received but for such
violation and the amount actually received by such employee.''.
SEC. 6. 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. 7. DEPARTMENT OF LABOR STUDY.
The Comptroller General shall, not later than 180 days after the
date of the enactment of this Act, submit to Congress a study on the
causes and effects of--
(1) pay disparities among men and women;
(2) with respect to employees that leave the workforce for
parental reasons (commonly referred to as the ``Manager's
Gap''), the impact on pay and opportunity potential; and
(3) the disparities in negotiation skills among men and
women upon entering the workforce.
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