S.2199 - Paycheck Fairness Act

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4/1/2014--Introduced. Paycheck Fairness Act - Amends the portion of the Fair Labor Standards Act of 1938 (FLSA) known as the Equal Pay Act to revise remedies for, enforcement of, and exceptions to prohibitions against sex discrimination in the payment of wages. Revises the exception to the prohibition for a wage rate differential based on any other factor other than sex. Limits such factors to bona fide factors, such as education, training, or experience. States that the bona fide factor defense shall apply only if the employer demonstrates that such factor: (1) is not based upon or derived from a sex-based differential in compensation, (2) is job-related with respect to the position in question, and (3) is consistent with business necessity. Makes such defense inapplicable where the employee demonstrates that: (1) an alternative employment practice exists that would serve the same business purpose without producing such differential, and (2) the employer has refused to adopt such alternative practice. Revises the prohibition against employer retaliation for employee complaints. Prohibits retaliation for inquiring about, discussing, or disclosing the wages of the employee or another employee in response to a complaint or charge, or in furtherance of a sex discrimination investigation, proceeding, hearing, or action, or an investigation conducted by the employer. Makes employers who violate sex discrimination prohibitions liable in a civil action for either compensatory or (except for the federal government) punitive damages. States that any action brought to enforce the prohibition against sex discrimination may be maintained as a class action in which individuals may be joined as party plaintiffs without their written consent. Authorizes the Secretary of Labor (Secretary) to seek additional compensatory or punitive damages in a sex discrimination action. Requires the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs to train EEOC employees and affected individuals and entities on matters involving wage discrimination. Authorizes the Secretary to make grants to eligible entities for negotiation skills training programs for girls and women. Directs the Secretary and the Secretary of Education to issue regulations or policy guidance to integrate such training into certain programs under their Departments. Directs the Secretary to conduct studies and provide information to employers, labor organizations, and the general public regarding the means available to eliminate pay disparities between men and women. Establishes the Secretary of Labor's National Award for Pay Equity in the Workplace for an employer who has made a substantial effort to eliminate pay disparities between men and women. Amends the Civil Rights Act of 1964 to require the EEOC to collect from employers pay information data regarding the sex, race, and national origin of employees for use in the enforcement of federal laws prohibiting pay discrimination. Directs: (1) the Commissioner of Labor Statistics to continue to collect data on woman workers in the Current Employment Statistics survey, (2) the Office of Federal Contract Compliance Programs to use specified types of methods in investigating compensation discrimination and in enforcing pay equity, and (3) the Secretary to make accurate information on compensation discrimination readily available to the public. Directs the Secretary and the Commissioner [sic] of the EEOC jointly to develop technical assistance material to assist small businesses to comply with the requirements of this Act.

Cloture On The Bill Not Invoked In Senate By Yea-nay Vote. 52 - 40. Record Vote Number: 262.
September 15th 2014 @ 12:00 AM

Cloture Motion On The Bill Presented In Senate.
September 11th 2014 @ 12:00 AM

Motion By Senator Reid To Commit To Senate Committee On Health, Education, Labor, And Pensions With Instructions To Report Back Forthwith With Amendment Sa 3802 Made In Senate.
September 11th 2014 @ 12:00 AM

Measure Laid Before Senate By Motion.
September 11th 2014 @ 12:00 AM

Motion To Proceed To Consideration Of Measure Agreed To In Senate By Voice Vote.
September 11th 2014 @ 12:00 AM

Motion To Proceed To Measure Considered In Senate.
September 11th 2014 @ 12:00 AM

Motion To Proceed To Measure Considered In Senate.
September 10th 2014 @ 12:00 AM

Upon Reconsideration, Cloture On The Motion To Proceed To The Measure Invoked In Senate By Yea-nay Vote. 73 - 25. Record Vote Number: 260.
September 10th 2014 @ 12:00 AM

Motion By Senator Reid To Reconsider The Vote By Which Cloture Was Not Invoked On The Motion To Proceed To The Measure (record Vote No. 103) Agreed To In Senate By Voice Vote.
September 10th 2014 @ 12:00 AM

Motion To Proceed To Consideration Of The Motion To Reconsider The Vote By Which Cloture Was Not Invoked On The Motion To Proceed To The Measure (record Vote No. 103) Agreed To In Senate By Voice Vote.
September 10th 2014 @ 12:00 AM

Motion By Senator Reid To Reconsider The Vote By Which Cloture Was Not Invoked On The Motion To Proceed To The Measure (record Vote No. 103) Entered In Senate.
April 9th 2014 @ 12:00 AM

Cloture On The Motion To Proceed To The Measure Not Invoked In Senate By Yea-nay Vote. 53 - 44. Record Vote Number: 103.
April 9th 2014 @ 12:00 AM

Motion To Proceed To Consideration Of Measure Made In Senate.
April 9th 2014 @ 12:00 AM

Motion To Proceed To Consideration Of Measure Made In Senate.
April 8th 2014 @ 12:00 AM

Cloture Motion On The Motion To Proceed To The Measure Presented In Senate.
April 7th 2014 @ 12:00 AM

Motion To Proceed To Consideration Of Measure Made In Senate.
April 7th 2014 @ 12:00 AM

Read The Second Time. Placed On Senate Legislative Calendar Under General Orders. Calendar No. 345.
April 2nd 2014 @ 12:00 AM

Introduced In The Senate. Read The First Time. Placed On Senate Legislative Calendar Under Read The First Time.
April 1st 2014 @ 12:00 AM

S. 2199 would amend the 1938 Fair Labor Standards Act to address gender-based wage discrimination by enforcing equal pay requirements, allowing female workers to sue for punitive damages of wage discrimination, and implementing training programs, among other provisions.

Erin Carson, Lead Analyst
Monday September 15th 2014

S. 2199, the Paycheck Fairness Act, sponsored by Sen. Barabara Mikulski (D-MD), is being brought to the floor a second time after a failed cloture vote on April 9, 2014. The bill would require that U.S. employers demonstrate that any wage disparity between men and women is due to a job-related, business necessity, and is not based on gender. The bill also would prohibit retaliation for inquiring about or discussing salary information, among other provisions. While Senate Republicans blocked debate on the bill in April with a failed cloture vote, they have agreed to full debate this time around. The Senate is scheduled for full debate on the bill on September 15, 2014.

Erin Carson, Lead Analyst
Monday September 15th 2014
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