Official Summary

 
Official Summary
 
Bill Number : H R 12

Short Title : Paycheck Fairness Act
Title : To amend the Fair Labor Standards Act of 1938 to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex, and for other purposes.
SUMMARY AS OF:
1/6/2009--Passed House without amendment.    (There is 1 other summary) (This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Paycheck Fairness Act - (Sec. 3) 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. Avers that such defense shall not apply 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. (Sec. 4) 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. (Sec. 5) 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. (Sec. 6) 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. (Sec. 7) Establishes the Secretary of Labor's National Award for Pay Equity in the Workplace for an employer who has made substantial effort to eliminate pay disparities between men and women. (Sec. 8) 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. (Sec. 9) 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. (Sec. 10) Authorizes appropriations to carry out this Act. (Sec. 11) Directs the Secretary and the Commissioner of the EEOC jointly to develop technical assistance material to assist small businesses to comply with the requirements of this Act. Exempts a small business from the provisions of this Act to the same extent that such business is exempt from the requirements of the FLSA under specified provisions of that Act.

Poligu Summary

 
The Political Guide Summary
 
Bill Number : H R 12
Short Title : Paycheck Fairness Act
 
Title : To amend the Fair Labor Standards Act of 1938 to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex, and for other purposes.
 
No summary information is available yet from The Political Guide

Comments

 
The Political Guide - User Comments
 
Bill Number : H R 12
Short Title : Paycheck Fairness Act
Title : To amend the Fair Labor Standards Act of 1938 to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex, and for other purposes.
 
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Votes

 
Congressional Votes on H R 12
 
Bill Number : H R 12
Title : To amend the Fair Labor Standards Act of 1938 to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex, and for other purposes.
Votes in the US Senate
This Bill was not Voted in the US Senate
 
Votes in the US House
Roll NumberVote DateQuestionDescriptionVote Result
82009-01-09On Passage Paycheck Fairness ActP
72009-01-09On Motion to Recommit with Instructions Paycheck Fairness ActF

Sponsors

 
Congressional Sponsors of H R 12
 
Bill Number : H R 12
Title : To amend the Fair Labor Standards Act of 1938 to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex, and for other purposes.
Sponsor: Rep DeLauro, Rosa L. [CT-3] (introduced 1/6/2009)      
, ALPHABETICAL [followed by Cosponsors withdrawn]:     (Sort: by date)
Rep Abercrombie, Neil [HI-1] - 1/6/2009
Rep Ackerman, Gary L. [NY-5] - 1/6/2009
Rep Adler, John H. [NJ-3] - 1/8/2009
Rep Andrews, Robert E. [NJ-1] - 1/6/2009
Rep Arcuri, Michael A. [NY-24] - 1/6/2009
Rep Baca, Joe [CA-43] - 1/6/2009
Rep Baird, Brian [WA-3] - 1/6/2009
Rep Baldwin, Tammy [WI-2] - 1/6/2009
Rep Barrow, John [GA-12] - 1/9/2009
Rep Becerra, Xavier [CA-31] - 1/6/2009
Rep Berkley, Shelley [NV-1] - 1/6/2009
Rep Berman, Howard L. [CA-28] - 1/6/2009
Rep Berry, Marion [AR-1] - 1/6/2009
Rep Bishop, Sanford D., Jr. [GA-2] - 1/6/2009
Rep Bishop, Timothy H. [NY-1] - 1/6/2009
Rep Blumenauer, Earl [OR-3] - 1/6/2009
Rep Boccieri, John A. [OH-16] - 1/8/2009
Rep Bordallo, Madeleine Z. [GU] - 1/6/2009
Rep Boswell, Leonard L. [IA-3] - 1/6/2009
Rep Boucher, Rick [VA-9] - 1/6/2009
Rep Brady, Robert A. [PA-1] - 1/6/2009
Rep Braley, Bruce L. [IA-1] - 1/6/2009
Rep Brown, Corrine [FL-3] - 1/6/2009
Rep Butterfield, G. K. [NC-1] - 1/6/2009
Rep Capps, Lois [CA-23] - 1/6/2009
Rep Capuano, Michael E. [MA-8] - 1/6/2009
Rep Cardoza, Dennis A. [CA-18] - 1/6/2009
Rep Carnahan, Russ [MO-3] - 1/6/2009
Rep Carson, Andre [IN-7] - 1/6/2009
Rep Castor, Kathy [FL-11] - 1/6/2009
Rep Christensen, Donna M. [VI] - 1/6/2009
Rep Clarke, Yvette D. [NY-11] - 1/6/2009
Rep Clay, Wm. Lacy [MO-1] - 1/6/2009
Rep Cleaver, Emanuel [MO-5] - 1/6/2009
Rep Clyburn, James E. [SC-6] - 1/6/2009
Rep Cohen, Steve [TN-9] - 1/6/2009
Rep Connolly, Gerald E. "Gerry" [VA-11] - 1/8/2009
Rep Conyers, John, Jr. [MI-14] - 1/6/2009
Rep Cooper, Jim [TN-5] - 1/6/2009
Rep Costello, Jerry F. [IL-12] - 1/6/2009
Rep Courtney, Joe [CT-2] - 1/6/2009
Rep Cummings, Elijah E. [MD-7] - 1/6/2009
Rep Dahlkemper, Kathleen A. [PA-3] - 1/8/2009
Rep Davis, Artur [AL-7] - 1/6/2009
Rep Davis, Danny K. [IL-7] - 1/6/2009
Rep Davis, Susan A. [CA-53] - 1/6/2009
Rep DeFazio, Peter A. [OR-4] - 1/6/2009
Rep DeGette, Diana [CO-1] - 1/6/2009
Rep Dicks, Norman D. [WA-6] - 1/6/2009
Rep Dingell, John D. [MI-15] - 1/6/2009
Rep Doggett, Lloyd [TX-25] - 1/6/2009
Rep Doyle, Michael F. [PA-14] - 1/6/2009
Rep Driehaus, Steve [OH-1] - 1/8/2009
Rep Edwards, Chet [TX-17] - 1/6/2009
Rep Edwards, Donna F. [MD-4] - 1/6/2009
Rep Ellison, Keith [MN-5] - 1/6/2009
Rep Engel, Eliot L. [NY-17] - 1/6/2009
Rep Eshoo, Anna G. [CA-14] - 1/8/2009
Rep Farr, Sam [CA-17] - 1/6/2009
Rep Fattah, Chaka [PA-2] - 1/6/2009
Rep Filner, Bob [CA-51] - 1/6/2009
Rep Fudge, Marcia L. [OH-11] - 1/8/2009
Rep Giffords, Gabrielle [AZ-8] - 1/6/2009
Rep Gillibrand, Kirsten E. [NY-20] - 1/6/2009
Rep Gonzalez, Charles A. [TX-20] - 1/6/2009
Rep Green, Al [TX-9] - 1/6/2009
Rep Green, Gene [TX-29] - 1/6/2009
Rep Grijalva, Raul M. [AZ-7] - 1/6/2009
Rep Gutierrez, Luis V. [IL-4] - 1/9/2009
Rep Hall, John J. [NY-19] - 1/6/2009
Rep Halvorson, Deborah L. [IL-11] - 1/8/2009
Rep Hare, Phil [IL-17] - 1/6/2009
Rep Harman, Jane [CA-36] - 1/6/2009
Rep Hastings, Alcee L. [FL-23] - 1/6/2009
Rep Heinrich, Martin [NM-1] - 1/6/2009
Rep Higgins, Brian [NY-27] - 1/6/2009
Rep Himes, James A. [CT-4] - 1/8/2009
Rep Hinchey, Maurice D. [NY-22] - 1/6/2009
Rep Hinojosa, Ruben [TX-15] - 1/6/2009
Rep Hirono, Mazie K. [HI-2] - 1/6/2009
Rep Hodes, Paul W. [NH-2] - 1/6/2009
Rep Holt, Rush D. [NJ-12] - 1/6/2009
Rep Honda, Michael M. [CA-15] - 1/6/2009
Rep Hoyer, Steny H. [MD-5] - 1/6/2009
Rep Israel, Steve [NY-2] - 1/6/2009
Rep Jackson, Jesse L., Jr. [IL-2] - 1/6/2009
Rep Jackson-Lee, Sheila [TX-18] - 1/6/2009
Rep Johnson, Eddie Bernice [TX-30] - 1/6/2009
Rep Johnson, Henry C. "Hank," Jr. [GA-4] - 1/6/2009
Rep Kagen, Steve [WI-8] - 1/6/2009
Rep Kaptur, Marcy [OH-9] - 1/6/2009
Rep Kennedy, Patrick J. [RI-1] - 1/6/2009
Rep Kildee, Dale E. [MI-5] - 1/6/2009
Rep Kilroy, Mary Jo [OH-15] - 1/8/2009
Rep Kind, Ron [WI-3] - 1/6/2009
Rep Kucinich, Dennis J. [OH-10] - 1/6/2009
Rep Langevin, James R. [RI-2] - 1/6/2009
Rep Larsen, Rick [WA-2] - 1/6/2009
Rep Larson, John B. [CT-1] - 1/6/2009
Rep Lee, Barbara [CA-9] - 1/6/2009
Rep Levin, Sander M. [MI-12] - 1/6/2009
Rep Lewis, John [GA-5] - 1/6/2009
Rep Lipinski, Daniel [IL-3] - 1/6/2009
Rep Loebsack, David [IA-2] - 1/6/2009
Rep Lofgren, Zoe [CA-16] - 1/6/2009
Rep Lowey, Nita M. [NY-18] - 1/6/2009
Rep Lujan, Ben Ray [NM-3] - 1/8/2009
Rep Lynch, Stephen F. [MA-9] - 1/6/2009
Rep Maffei, Daniel B. [NY-25] - 1/6/2009
Rep Maloney, Carolyn B. [NY-14] - 1/6/2009
Rep Markey, Edward J. [MA-7] - 1/6/2009
Rep Marshall, Jim [GA-8] - 1/8/2009
Rep Massa, Eric J. J. [NY-29] - 1/8/2009
Rep Matsui, Doris O. [CA-5] - 1/6/2009
Rep McCarthy, Carolyn [NY-4] - 1/6/2009
Rep McCollum, Betty [MN-4] - 1/6/2009
Rep McDermott, Jim [WA-7] - 1/6/2009
Rep McMahon, Michael E. [NY-13] - 1/6/2009
Rep Meek, Kendrick B. [FL-17] - 1/8/2009
Rep Michaud, Michael H. [ME-2] - 1/6/2009
Rep Miller, Brad [NC-13] - 1/6/2009
Rep Miller, George [CA-7] - 1/6/2009
Rep Mitchell, Harry E. [AZ-5] - 1/6/2009
Rep Moore, Dennis [KS-3] - 1/6/2009
Rep Moore, Gwen [WI-4] - 1/6/2009
Rep Moran, James P. [VA-8] - 1/6/2009
Rep Murphy, Christopher S. [CT-5] - 1/6/2009
Rep Murphy, Patrick J. [PA-8] - 1/6/2009
Rep Murtha, John P. [PA-12] - 1/6/2009
Rep Nadler, Jerrold [NY-8] - 1/6/2009
Rep Norton, Eleanor Holmes [DC] - 1/6/2009
Rep Nye, Glenn C., III [VA-2] - 1/8/2009
Rep Oberstar, James L. [MN-8] - 1/6/2009
Rep Obey, David R. [WI-7] - 1/6/2009
Rep Olver, John W. [MA-1] - 1/6/2009
Rep Ortiz, Solomon P. [TX-27] - 1/6/2009
Rep Pallone, Frank, Jr. [NJ-6] - 1/6/2009
Rep Pascrell, Bill, Jr. [NJ-8] - 1/6/2009
Rep Pastor, Ed [AZ-4] - 1/8/2009
Rep Payne, Donald M. [NJ-10] - 1/6/2009
Rep Perriello, Thomas S.P. [VA-5] - 1/6/2009
Rep Peters, Gary C. [MI-9] - 1/6/2009
Rep Peterson, Collin C. [MN-7] - 1/6/2009
Rep Pierluisi, Pedro R. [PR] - 1/8/2009
Rep Pingree, Chellie [ME-1] - 1/6/2009
Rep Polis, Jared [CO-2] - 1/8/2009
Rep Pomeroy, Earl [ND] - 1/6/2009
Rep Price, David E. [NC-4] - 1/8/2009
Rep Rangel, Charles B. [NY-15] - 1/8/2009
Rep Reyes, Silvestre [TX-16] - 1/6/2009
Rep Richardson, Laura [CA-37] - 1/6/2009
Rep Rodriguez, Ciro D. [TX-23] - 1/6/2009
Rep Rothman, Steven R. [NJ-9] - 1/6/2009
Rep Roybal-Allard, Lucille [CA-34] - 1/8/2009
Rep Ruppersberger, C. A. Dutch [MD-2] - 1/6/2009
Rep Rush, Bobby L. [IL-1] - 1/6/2009
Rep Ryan, Tim [OH-17] - 1/6/2009
Rep Sanchez, Linda T. [CA-39] - 1/6/2009
Rep Sanchez, Loretta [CA-47] - 1/6/2009
Rep Sarbanes, John P. [MD-3] - 1/6/2009
Rep Schakowsky, Janice D. [IL-9] - 1/6/2009
Rep Schiff, Adam B. [CA-29] - 1/6/2009
Rep Schwartz, Allyson Y. [PA-13] - 1/6/2009
Rep Scott, David [GA-13] - 1/6/2009
Rep Scott, Robert C. "Bobby" [VA-3] - 1/6/2009
Rep Serrano, Jose E. [NY-16] - 1/6/2009
Rep Sestak, Joe [PA-7] - 1/6/2009
Rep Shea-Porter, Carol [NH-1] - 1/6/2009
Rep Sherman, Brad [CA-27] - 1/6/2009
Rep Shuler, Heath [NC-11] - 1/6/2009
Rep Sires, Albio [NJ-13] - 1/6/2009
Rep Skelton, Ike [MO-4] - 1/6/2009
Rep Slaughter, Louise McIntosh [NY-28] - 1/6/2009
Rep Speier, Jackie [CA-12] - 1/6/2009
Rep Stark, Fortney Pete [CA-13] - 1/6/2009
Rep Stupak, Bart [MI-1] - 1/6/2009
Rep Sutton, Betty [OH-13] - 1/6/2009
Rep Tauscher, Ellen O. [CA-10] - 1/6/2009
Rep Teague, Harry [NM-2] - 1/8/2009
Rep Thompson, Bennie G. [MS-2] - 1/6/2009
Rep Thompson, Mike [CA-1] - 1/6/2009
Rep Tierney, John F. [MA-6] - 1/6/2009
Rep Titus, Dina [NV-3] - 1/8/2009
Rep Towns, Edolphus [NY-10] - 1/6/2009
Rep Tsongas, Niki [MA-5] - 1/6/2009
Rep Van Hollen, Chris [MD-8] - 1/6/2009
Rep Velazquez, Nydia M. [NY-12] - 1/6/2009
Rep Visclosky, Peter J. [IN-1] - 1/6/2009
Rep Walz, Timothy J. [MN-1] - 1/6/2009
Rep Wasserman Schultz, Debbie [FL-20] - 1/6/2009
Rep Waters, Maxine [CA-35] - 1/6/2009
Rep Watson, Diane E. [CA-33] - 1/6/2009
Rep Watt, Melvin L. [NC-12] - 1/6/2009
Rep Waxman, Henry A. [CA-30] - 1/6/2009
Rep Weiner, Anthony D. [NY-9] - 1/6/2009
Rep Welch, Peter [VT] - 1/6/2009
Rep Wexler, Robert [FL-19] - 1/6/2009
Rep Woolsey, Lynn C. [CA-6] - 1/6/2009
Rep Wu, David [OR-1] - 1/6/2009
Rep Yarmuth, John A. [KY-3] - 1/6/2009

Other Info

 
Actions on H R 12, Committees, and Related Items
 
Bill Number : H R 12
Title : To amend the Fair Labor Standards Act of 1938 to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex, and for other purposes.
 
 
Major Actions
 
MAJOR ACTIONS:
1/6/2009 Introduced in House
1/9/2009 Passed/agreed to in House: On passage Passed by recorded vote: 256 - 163 (Roll no. 8).
1/9/2009 Pursuant to the provisions of H. Res. 5, H.R. 12 is laid on the table.
 
All Actions
 
ALL ACTIONS:
1/6/2009:Referred to the House Committee on Education and Labor.
3/6/2009:Referred to the Subcommittee on Workforce Protections.
1/6/2009 3:39pm:Rules Committee Resolution passed by House. Rule provides for consideration of H.R. 11 and H.R. 12. Motion to recommit allowed. H. Res.5 provides one hour of debate each for H.R. 11 and H.R. 12. Both bills are to be considered in the House.
1/9/2009 11:42am:Considered under the provisions of rule H. Res. 5. (consideration: CR H124-138)
1/9/2009 11:42am:Rule provides for consideration of H.R. 11 and H.R. 12. Motion to recommit allowed. H. Res.5 provides one hour of debate each for H.R. 11 and H.R. 12. Both bills are to be considered in the House.
1/9/2009 11:42am:DEBATE - The House proceeded with one hour of debate on H.R. 12.
1/9/2009 12:33pm:The previous question was ordered pursuant to the rule. (consideration: CR H135)
1/9/2009 12:34pm:Mr. Price (GA) moved to recommit with instructions to Education and Labor.
1/9/2009 12:34pm:DEBATE - The House proceeded with ten minutes of debate on the motion to recommit. The instructions contained in the motion seek to require that the bill be reported back to the House with amendments inserting language which limit reasonable attorney fees.
1/9/2009 12:43pm:The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H136-137)
1/9/2009 1:09pm:On motion to recommit with instructions Failed by the Yeas and Nays: 178 - 240 (Roll no. 7).
1/9/2009 1:19pm:On passage Passed by recorded vote: 256 - 163 (Roll no. 8). (text: CR H124-126)
1/9/2009 1:19pm:Motion to reconsider laid on the table Agreed to without objection.
1/9/2009 1:19pm:Pursuant to the provisions of H.Res. 5, the text of H.R. 12 as passed by the House will be appended to the end of H.R. 11 as new matter.
1/9/2009 1:19pm:Pursuant to the provisions of H. Res. 5, H.R. 12 is laid on the table.
 
 
Committes
 
COMMITTEE(S): Committee/Subcommittee: Activity: House Education and Labor Referral
 
 
Related Items
 
RELATED BILL DETAILS:  (additional related bills may be identified in Status) Bill:Relationship:H.RES.5Rule related to H.R.12 in House