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Shown Here: Introduced in House (05/11/2017)
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2418 Introduced in House (IH)]
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115th CONGRESS
1st Session
H. R. 2418
To amend the Fair Labor Standards Act of 1938 to prohibit certain
practices by employers relating to restrictions on discussion of
employees' and prospective employees' salary and benefit history, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 11, 2017
Ms. Norton (for herself, Mr. Nadler, Ms. DeLauro, and Ms. Speier)
introduced the following bill; which was referred to the Committee on
Education and the Workforce
_______________________________________________________________________
A BILL
To amend the Fair Labor Standards Act of 1938 to prohibit certain
practices by employers relating to restrictions on discussion of
employees' and prospective employees' salary and benefit history, 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 cited as the ``Pay Equity for All Act of 2017''.
SEC. 2. PROHIBITIONS RELATING TO PROSPECTIVE EMPLOYEES' SALARY AND
BENEFIT HISTORY.
(a) In General.--The Fair Labor Standards Act of 1938 (29 U.S.C.
201 et seq.) is amended by adding after section 7 the following new
section:
``SEC. 8. REQUIREMENTS AND PROHIBITIONS RELATING TO WAGE, SALARY AND
BENEFIT HISTORY.
``It shall be an unlawful practice for an employer to--
``(1) screen prospective employees based on their previous
wages or salary histories, including benefits or other
compensation, including by requiring that a prospective
employee's previous wages or salary histories, including
benefits or other compensation, satisfy minimum or maximum
criteria, or request or require as a condition of being
interviewed, or as a condition of continuing to be considered
for an offer of employment or as a condition of employment,
that a prospective employee disclose previous wages or salary
histories, including benefits or other compensation;
``(2) seek the previous wages or salary history, including
benefits or other compensation, of any prospective employee
from any current or former employer of such employee; or
``(3) discharge or in any other manner retaliate against
any employee or prospective employee because the employee--
``(A) opposed any act or practice made unlawful by
this section or made or is about to make a complaint
relating to any act or practice made unlawful by this
section; or
``(B) testified or is about to testify, assist, or
participate in any manner in an investigation or
proceeding relating to any act or practice made
unlawful by this section.''.
(b) Penalties.--Section 16 of such Act (29 U.S.C. 216) is amended
by adding at the end the following new subsection:
``(f)(1) Any person who violates the provisions of section 8
shall--
``(A) be subject to a civil penalty of $5,000 for a
first offense, increased by an additional $1,000 for
each subsequent offense, not to exceed $10,000; and
``(B) be liable to each employee or prospective
employee who was the subject of the violation for
special damages not to exceed $10,000 plus attorneys'
fees, and shall be subject to such injunctive relief as
may be appropriate.
``(2) An action to recover the liability described in paragraph
(1)(B) may be maintained against any employer (including a public
agency) in any Federal or State court of competent jurisdiction by any
one or more employees or prospective employees for and in behalf of
himself or themselves and other employees similarly situated.''.
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