Paycheck Fairness Act Reintroduced
Senate Majority Leader Harry Reid (D-Nev.) has reintroduced the Paycheck Fairness Act, a bill first introduced by then-Senator Hillary Clinton (D-N.Y.) in January 2009. The Paycheck Fairness Act would amend portions of the Fair Labor Standards Act (FLSA).
The Act has several components, including the following:
• Employers who violate sex discrimination prohibitions would be liable in civil actions for compensatory and punitive damages;
• Employers must show that any wage discrepancy is caused by a bona fide factor other than sex, such as education, training and experience, and that this factor is job-related and a business necessity;
• Anti-retaliation provisions are incorporated into the FLSA that would protect employees who have made a complaint, filed a charge or participated in an investigation of an unfair wage complaint;
• Class actions governed by the Federal Rules of Civil Procedure for violations of the Equal Pay Act are authorized; and
• Mandated training and other outreach efforts by the Equal Employment Opportunity Commission (EEOC) and the Labor Department’s Office of Federal Contract Compliance Programs on wage discrimination issues.
The Lily Ledbetter Fair Pay Act, which passed in 2009, eliminated the time limit within which an employee must file a complaint of pay discrimination as long as he or she is still on the payroll. The Paycheck Fairness Act will “”further level the playing field” by increasing damages and protecting against retaliation.
As Atlanta employment attorneys concerned about fair wages and ensuring employees receive all the compensation they are entitled to, we will be tracking this bill closely and reporting on how it impacts employees throughout Georgia. For more information, or if you believe you have not received all the compensation you deserve, contact Buckley & Klein, LLP, dedicated to protecting employee’s rights.