Lineage

Mar 28, 2019 Placed on Calendar Senate Received See what changed
Mar 27, 2019viewing Engrossed in House See what changed
Jan 30, 2019 Reported in House Ms. DeLauro (for herself, Ms. Pelosi, Mr. Hoyer, Mr. Clyburn, Mr. Scott of Virginia, Mrs. Demings, Mr. Huffman, Ms. Brownley of California, Mr. Sablan, Mr. Foster, Mr. Tonko, Mr. Cooper, Ms. Schakowsky, Ms. Wasserman Schultz, Mr. Hastings, Mrs. Carolyn B. Maloney of New York, Ms. Kaptur, Mr. Pocan, Mr. Welch, Mr. David Scott of Georgia, Mr. Richmond, Ms. Frankel, Ms. Clark of Massachusetts, Mr. Lipinski, Mr. Cárdenas, Mrs. Lowey, Mrs. Torres of California, Mr. Nadler, Mr. Clay, Mr. Brendan F. Boyle of Pennsylvania, Mr. Deutch, Mr. Cummings, Ms. Jackson Lee, Mr. Grijalva, Mr. Panetta, Ms. Pingree, Mr. Serrano, Mr. Sean Patrick Maloney of New York, Mr. Vela, Ms. Norton, Mr. McEachin, Ms. Speier, Mr. Khanna, Mr. Johnson of Georgia, Mr. Schiff, Mrs. Davis of California, Ms. Matsui, Mrs. Beatty, Mr. Correa, Mr. Moulton, Ms. Roybal-Allard, Ms. McCollum, Ms. DeGette, Ms. Bonamici, Mrs. Lawrence, Mr. Swalwell of California, Mr. DeSaulnier, Mr. Luján, Mr. Langevin, Ms. Wild, Mr. McNerney, Mr. DeFazio, Mr. Beyer, Mr. Higgins of New York, Mr. Price of North Carolina, Mr. Espaillat, Mr. Ruppersberger, Ms. Clarke of New York, Mr. Heck, Mr. Connolly, Mr. Pallone, Mr. Larson of Connecticut, Mr. Morelle, Mr. Green of Texas, Miss Rice of New York, Mr. Cartwright, Mr. Kilmer, Mr. Perlmutter, Mr. Smith of Washington, Ms. Bass, Mrs. Napolitano, Mr. Carbajal, Ms. Wilson of Florida, Mr. Cohen, Ms. Meng, Mrs. Dingell, Ms. Blunt Rochester, Ms. Barragán, Mr. Danny K. Davis of Illinois, Ms. Velázquez, Mr. Lawson of Florida, Mr. Garamendi, Mr. Soto, Mr. Larsen of Washington, Mr. Evans, Mr. Veasey, Ms. Adams, Mr. Schrader, Mr. Norcross, Mr. Sarbanes, Mr. Bishop of Georgia, Mr. Raskin, Mr. Himes, Mr. Sherman, Ms. Kelly of Illinois, Mr. O'Halleran, Mr. Takano, Ms. Judy Chu of California, Ms. Lee of California, Mr. Lewis, Mr. Blumenauer, Mr. Quigley, Mr. Lynch, Mr. Pascrell, Ms. Fudge, Mr. Costa, Mr. Ruiz, Mr. Gonzalez of Texas, Ms. Eshoo, Mrs. Watson Coleman, Mr. McGovern, Mr. Cisneros, Mr. Rush, Mr. Courtney, Mr. Engel, Ms. Haaland, Ms. Gabbard, Mr. Crist, Ms. Omar, Mr. Smith of New Jersey, Mr. Levin of Michigan, Mr. Krishnamoorthi, Mr. Keating, Mr. Brown of Maryland, Mr. Lamb, Ms. Kuster of New Hampshire, Mr. Sires, Mr. Yarmuth, Mr. Peters, Mr. Kennedy, Ms. Moore, Mr. Bera, Ms. Jayapal, Mrs. Bustos, Ms. Castor of Florida, Mr. Cicilline, Mr. Gallego, Mr. Vargas, Mr. Pappas, Ms. Dean, Ms. Ocasio-Cortez, Ms. Hill of California, Mr. Schneider, Ms. Sánchez, Ms. Shalala, Mr. Case, Mrs. Lee of Nevada, Mr. Allred, Mr. Aguilar, Mr. Visclosky, Mr. Ted Lieu of California, Mr. Cox of California, Mr. Butterfield, Ms. Plaskett, Mrs. Craig, Mr. Rouda, Mrs. Trahan, Mr. Golden, Mrs. Luria, Mr. Brindisi, Mr. Lowenthal, Ms. Tlaib, Ms. Wexton, Ms. Underwood, Ms. Scanlon, Ms. Porter, Mr. Neguse, Mr. Delgado, Ms. Houlahan, Ms. Johnson of Texas, Mrs. Hayes, Mr. Levin of California, Mr. Ryan, Ms. Davids of Kansas, Ms. Pressley, Ms. DelBene, Ms. Kendra S. Horn of Oklahoma, Ms. Sewell of Alabama, Mr. García of Illinois, Mr. Thompson of Mississippi, Ms. Garcia of Texas, Mr. Rose of New York, Mr. Carson of Indiana, Mrs. Murphy, Mr. Castro of Texas, Mr. Gomez, Mr. Kildee, Mr. Loebsack, Mr. Horsford, Mr. Jeffries, Mr. Payne, Ms. Titus, Mrs. Kirkpatrick, Mr. Van Drew, Mr. Kim, Ms. Lofgren, Mr. Thompson of California, Ms. Schrier, Mr. Cleaver, Mr. Kind, Mrs. Axne, Ms. Waters, Mr. Cuellar, Mr. Doggett, Mr. Meeks, Mr. Neal, Mr. Peterson, Mr. Suozzi, Ms. Slotkin, Mr. Crow, Mr. Malinowski, Mr. Stanton, Mr. Gottheimer, Ms. Finkenauer, Ms. Mucarsel-Powell, Mr. Michael F. Doyle of Pennsylvania, Mr. Trone, Ms. Spanberger, Ms. Sherrill, Mr. Casten of Illinois, Mr. McAdams, Ms. Escobar, Mrs. McBath, Mrs. Fletcher, Ms. Torres Small of New Mexico, Ms. Stevens, Mr. Phillips, Mr. Cunningham, Mr. San Nicolas, and Mr. Harder of California) introduced the following bill; which was referred to the Committee on Education and Labor See what changed
Jan 30, 2019 Introduced in House Ms. DeLauro (for herself, Ms. Pelosi, Mr. Hoyer, Mr. Clyburn, Mr. Scott of Virginia, Mrs. Demings, Mr. Huffman, Ms. Brownley of California, Mr. Sablan, Mr. Foster, Mr. Tonko, Mr. Cooper, Ms. Schakowsky, Ms. Wasserman Schultz, Mr. Hastings, Mrs. Carolyn B. Maloney of New York, Ms. Kaptur, Mr. Pocan, Mr. Welch, Mr. David Scott of Georgia, Mr. Richmond, Ms. Frankel, Ms. Clark of Massachusetts, Mr. Lipinski, Mr. Cárdenas, Mrs. Lowey, Mrs. Torres of California, Mr. Nadler, Mr. Clay, Mr. Brendan F. Boyle of Pennsylvania, Mr. Deutch, Mr. Cummings, Ms. Jackson Lee, Mr. Grijalva, Mr. Panetta, Ms. Pingree, Mr. Serrano, Mr. Sean Patrick Maloney of New York, Mr. Vela, Ms. Norton, Mr. McEachin, Ms. Speier, Mr. Khanna, Mr. Johnson of Georgia, Mr. Schiff, Mrs. Davis of California, Ms. Matsui, Mrs. Beatty, Mr. Correa, Mr. Moulton, Ms. Roybal-Allard, Ms. McCollum, Ms. DeGette, Ms. Bonamici, Mrs. Lawrence, Mr. Swalwell of California, Mr. DeSaulnier, Mr. Luján, Mr. Langevin, Ms. Wild, Mr. McNerney, Mr. DeFazio, Mr. Beyer, Mr. Higgins of New York, Mr. Price of North Carolina, Mr. Espaillat, Mr. Ruppersberger, Ms. Clarke of New York, Mr. Heck, Mr. Connolly, Mr. Pallone, Mr. Larson of Connecticut, Mr. Morelle, Mr. Green of Texas, Miss Rice of New York, Mr. Cartwright, Mr. Kilmer, Mr. Perlmutter, Mr. Smith of Washington, Ms. Bass, Mrs. Napolitano, Mr. Carbajal, Ms. Wilson of Florida, Mr. Cohen, Ms. Meng, Mrs. Dingell, Ms. Blunt Rochester, Ms. Barragán, Mr. Danny K. Davis of Illinois, Ms. Velázquez, Mr. Lawson of Florida, Mr. Garamendi, Mr. Soto, Mr. Larsen of Washington, Mr. Evans, Mr. Veasey, Ms. Adams, Mr. Schrader, Mr. Norcross, Mr. Sarbanes, Mr. Bishop of Georgia, Mr. Raskin, Mr. Himes, Mr. Sherman, Ms. Kelly of Illinois, Mr. O'Halleran, Mr. Takano, Ms. Judy Chu of California, Ms. Lee of California, Mr. Lewis, Mr. Blumenauer, Mr. Quigley, Mr. Lynch, Mr. Pascrell, Ms. Fudge, Mr. Costa, Mr. Ruiz, Mr. Gonzalez of Texas, Ms. Eshoo, Mrs. Watson Coleman, Mr. McGovern, Mr. Cisneros, Mr. Rush, Mr. Courtney, Mr. Engel, Ms. Haaland, Ms. Gabbard, Mr. Crist, Ms. Omar, Mr. Smith of New Jersey, Mr. Levin of Michigan, Mr. Krishnamoorthi, Mr. Keating, Mr. Brown of Maryland, Mr. Lamb, Ms. Kuster of New Hampshire, Mr. Sires, Mr. Yarmuth, Mr. Peters, Mr. Kennedy, Ms. Moore, Mr. Bera, Ms. Jayapal, Mrs. Bustos, Ms. Castor of Florida, Mr. Cicilline, Mr. Gallego, Mr. Vargas, Mr. Pappas, Ms. Dean, Ms. Ocasio-Cortez, Ms. Hill of California, Mr. Schneider, Ms. Sánchez, Ms. Shalala, Mr. Case, Mrs. Lee of Nevada, Mr. Allred, Mr. Aguilar, Mr. Visclosky, Mr. Ted Lieu of California, Mr. Cox of California, Mr. Butterfield, Ms. Plaskett, Mrs. Craig, Mr. Rouda, Mrs. Trahan, Mr. Golden, Mrs. Luria, Mr. Brindisi, Mr. Lowenthal, Ms. Tlaib, Ms. Wexton, Ms. Underwood, Ms. Scanlon, Ms. Porter, Mr. Neguse, Mr. Delgado, Ms. Houlahan, Ms. Johnson of Texas, Mrs. Hayes, Mr. Levin of California, Mr. Ryan, Ms. Davids of Kansas, Ms. Pressley, Ms. DelBene, Ms. Kendra S. Horn of Oklahoma, Ms. Sewell of Alabama, Mr. García of Illinois, Mr. Thompson of Mississippi, Ms. Garcia of Texas, Mr. Rose of New York, Mr. Carson of Indiana, Mrs. Murphy, Mr. Castro of Texas, Mr. Gomez, Mr. Kildee, Mr. Loebsack, Mr. Horsford, Mr. Jeffries, Mr. Payne, Ms. Titus, Mrs. Kirkpatrick, Mr. Van Drew, Mr. Kim, Ms. Lofgren, Mr. Thompson of California, Ms. Schrier, Mr. Cleaver, Mr. Kind, Mrs. Axne, Ms. Waters, Mr. Cuellar, Mr. Doggett, Mr. Meeks, Mr. Neal, Mr. Peterson, Mr. Suozzi, Ms. Slotkin, Mr. Crow, Mr. Malinowski, Mr. Stanton, Mr. Gottheimer, Ms. Finkenauer, Ms. Mucarsel-Powell, Mr. Michael F. Doyle of Pennsylvania, Mr. Trone, Ms. Spanberger, Ms. Sherrill, Mr. Casten of Illinois, Mr. McAdams, Ms. Escobar, Mrs. McBath, Mrs. Fletcher, Ms. Torres Small of New Mexico, Ms. Stevens, Mr. Phillips, Mr. Cunningham, Mr. San Nicolas, and Mr. Harder of California) introduced the following bill; which was referred to the Committee on Education and Labor

H.R. 7 — what changed

Paycheck Fairness Act

From Reported in House to Engrossed in House. 4 sections amended between Reported in House and Engrossed in House.

Sec. 2 Findings

Congress finds the following:

(1)

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

(2)

changed Despite the enactment of the Equal Pay Act of 1963, many women continue to earn significantly lower pay than men for equal work. These pay disparities exist in both the private and governmental ~~sectors.~~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 5th and 14th Amendments to the Constitution.

(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 5th and 14th Amendments to the Constitution.

(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)

ensuring that companies receiving Federal contracts comply with anti-discrimination affirmative action requirements of Executive Order 11246 (relating to equal employment opportunity);

(C)

disseminating information about women’s rights in the workplace;

(D)

helping women who have been victims of pay discrimination obtain a remedy; and

(E)

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 inserting 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

“(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

changed “(B) has inquired about, discussed, or disclosed the wages of the employee or another ~~employee;”~~employee (such as by inquiring or discussing with the employer why the wages of the employee are set at a certain rate or salary);”

(B)

in paragraph (5), by striking the period at the end and inserting “; or”; and

(C)

by adding at the end the following:

“(6) to require an employee to sign a contract or waiver that would prohibit the employee from disclosing information about the employee’s wages.”

(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, where 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 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

“(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. 6 Research, education, and outreach

(a)

added 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)

added 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;

removed 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—

(1)

removed ~~conducting and promoting research to develop the means to correct expeditiously the conditions leading to the pay disparities;~~

(2)

renumbered was (4) 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)

renumbered was (5) sponsoring and assisting State, local, and community informational and educational programs;

(4)

renumbered was (6) providing information to employers, labor organizations, professional associations, and other interested persons on the means of eliminating the pay disparities; and

(5)

renumbered was (7) recognizing and promoting the achievements of employers, labor organizations, and professional associations that have worked to eliminate the pay disparities.

(b)

added Report on gender pay gap in teenage labor force—

(1)

added 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)

added submit to Congress a report on the gender pay gap in the teenage labor force; and

(B)

added make the report available on a publicly accessible website of the Department of Labor.

(2)

added Elements— The report under subsection (a) shall include the following:

(A)

added An examination of trends and potential solutions relating to the teenage gender pay gap.

(B)

added An examination of how the teenage gender pay gap potentially translates into greater wage gaps in the overall labor force.

(C)

added An examination of overall lifetime earnings and losses for informal and formal jobs for women, including women of color.

(D)

added 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)

added A comparison of —

(i)

added 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)

added the types of tasks performed by younger males in such positions.

(F)

added Interviews and surveys with workers and employers relating to early gender-based pay discrepancies.

(G)

added Recommendations for—

(i)

added addressing pay inequality for women from the teenage years through adulthood, including such women of color;

(ii)

added addressing any disadvantages experienced by young women with respect to work experience and professional development;

(iii)

added 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)

added expanding awareness for teenage girls on pay rates and employment rights in order to reduce greater inequalities in the overall labor force.

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)

changed “(1) Not later than 18 months after the date of enactment of this subsection, the Commission shall ~~issue regulations to~~ 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 ~~national origin~~ ethnic identity of employees.

changed “(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.”~~data.

added “(3)

added “(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)—

added “(i) the number of employees of the employer who earn taxable compensation in an amount that falls within such taxable compensation range; and

added “(ii) the total number of hours worked by such employees.

added “(B) Subject to adjustment under subparagraph (C), the taxable compensation ranges described in this subparagraph are as follows:

added “(i) Not more than $19,239.

added “(ii) Not less than $19,240 and not more than $24,439.

added “(iii) Not less than $24,440 and not more than $30,679.

added “(iv) Not less than $30,680 and not more than $38,999.

added “(v) Not less than $39,000 and not more than $49,919.

added “(vi) Not less than $49,920 and not more than $62,919.

added “(vii) Not less than $62,920 and not more than $80,079.

added “(viii) Not less than $80,080 and not more than $101,919.

added “(ix) Not less than $101,920 and not more than $128,959.

added “(x) Not less than $128,960 and not more than $163,799.

added “(xi) Not less than $163,800 and not more than $207,999.

added “(xii) Not less than $208,000.

added “(C) The Commission may adjust the taxable compensation ranges under subparagraph (B)—

added “(i) if the Commission determines that such adjustment is necessary to enhance enforcement of Federal laws prohibiting pay discrimination; or

added “(ii) for inflation, in consultation with the Bureau of Labor Statistics.

added “(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—

added “(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

added “(ii) the actual number of hours worked by such employee.

added “(E) The categories described in this subparagraph shall be determined by the Commission and shall include—

added “(i) race;

added “(ii) ethnic identity;

added “(iii) sex; and

added “(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.

added “(F) The Commission shall use the compensation data collected under paragraph (1)—

added “(i) to enhance—

added “(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

added “(II) the allocation of resources to investigate such charges; and

added “(ii) for any other purpose that the Commission determines appropriate.

added “(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).

added “(4) The compensation data under paragraph (1) shall be collected from each employer that—

added “(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

added “(B) the Commission determines appropriate.”

H.R. 7 — what changed

Sec. 2 Findings

Sec. 3 Enhanced enforcement of equal pay requirements

Sec. 6 Research, education, and outreach

Sec. 8 Collection of pay information by the equal employment opportunity Commission

Cite this provision

Incoming references