US Codex
Bill
Notes

Workplace Advancement Act

H.R. 5237 · 114th Congress · May 13, 2016 · Lineage

A BILL

To amend the Fair Labor Standards Act of 1938 to strengthen equal pay requirements.

Section 1 Short title

This Act may be cited as the “Workplace Advancement Act”.

Sec. 2 Enhanced enforcement of equal pay act requirements

Section 15(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 215(a)) is amended—
(1)
in paragraph (5), by striking the period and inserting “; or”; and
(2)
by adding at the end the following:

“(6) to discharge or in any other manner retaliate against any employee because such employee has inquired about, discussed, or disclosed comparative compensation information for the purpose of determining whether the employer is compensating an employee in a manner that provides equal pay for equal work, except that this paragraph 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 job functions discloses the wages of such other employees to an individual who does not otherwise have access to such information, unless such disclosure is in response to a charge or complaint or in furtherance of an investigation, proceeding, hearing, or action under section 6(d), including an investigation conducted by the employer.”