H.R. 12 (Paycheck Fairness Act) Rep DeLauro, Rosa L. 111th Congress

8/9/2019 H.R. 12 (Paycheck Fairness Act) Rep DeLauro, Rosa L. 111th Congress

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111TH CONGRESS1ST SESSION H. R. 12

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.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 6, 2009Ms. DELAURO (for herself, Mr. DOYLE, Mr. HOYER, Mr. GEORGE MILLER

of California, Ms. HIRONO, Mr. RUPPERSBERGER, Ms. SCHAKOWSKY, Mr.

STARK, Mr. ACKERMAN, Ms. CLARKE, Mr. HOLT, Mr. LEVIN, Mr. KIL-

DEE, Mrs. MCCARTHY of New York, Ms. SUTTON, Mr. VAN HOLLEN,

Mr. ELLISON, Ms. EDWARDS of Maryland, Mr. GRIJALVA, Mr. NADLER

of New York, Ms. NORTON, Mr. OBERSTAR, Ms. MATSUI, Mrs.

TAUSCHER, Mr. PAYNE, Mr. HODES, Mr. JACKSON of Illinois, Ms. LEE

of California, Mr. ROTHMAN of New Jersey, Mr. SERRANO, Mr. WEINER,

Mr. WU, Mr. COHEN, Mr. CONYERS, Mr. HARE, Mr. ISRAEL, Mr.

LARSON of Connecticut, Mr. SESTAK, Mr. ABERCROMBIE, Mr. ANDREWS,

Mr. ARCURI, Mr. BACA, Mr. BECERRA, Ms. BERKLEY, Mr. BISHOP of

New York, Mr. BLUMENAUER, Mr. BOSWELL, Mr. BOUCHER, Mr. BRADYof Pennsylvania, Mrs. CAPPS, Mr. CARNAHAN, Mr. CARSON of Indiana,

Mr. CLAY, Mr. CLEAVER, Mr. CLYBURN, Mr. COURTNEY, Mr.

CUMMINGS, Mr. DAVIS of Alabama, Mrs. DAVIS of California, Mr.

DEFAZIO, Ms. DEGETTE, Mr. DICKS, Mr. ENGEL, Mr. FARR, Mr.

FATTAH, Mr. FILNER, Ms. GIFFORDS, Mrs. GILLIBRAND, Mr. HALL of

New York, Mr. HASTINGS of Florida, Mr. HINCHEY, Mr. HINOJOSA, Mr.

HONDA, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. JOHNSON of Geor-

gia, Mr. KAGEN, Mr. KIND, Mr. LANGEVIN, Mr. LEWIS of Georgia, Mr.

LIPINSKI, Mr. LOEBSACK, Ms. ZOE LOFGREN of California, Mrs. LOWEY,

Mr. LYNCH, Mr. MAFFEI, Mrs. MALONEY, Mr. MARKEY of Massachu-

setts, Ms. MCCOLLUM, Mr. MCDERMOTT, Mr. MICHAUD, Mr. MILLER of

North Carolina, Mr. MOORE of Kansas, Ms. MOORE of Wisconsin, Mr.

MORAN of Virginia, Mr. PATRICK MURPHY of Pennsylvania, Mr. OBEY,

Mr. OLVER, Mr. PALLONE, Mr. PASCRELL, Mr. PETERS, Mr. REYES, Mr.

RODRIGUEZ, Ms. LINDA T. SANCHEZ of California, Ms. LORETTA

SANCHEZ of California, Mr. SARBANES, Mr. SCHIFF, Ms. SCHWARTZ, Mr.

SCOTT of Georgia, Mr. SCOTT of Virginia, Ms. SHEA-PORTER, Mr. SHER-

MAN, Mr. SIRES, Mr. SKELTON, Ms. SLAUGHTER, Ms. SPEIER, Mr.

TIERNEY, Mr. TOWNS, Ms. TSONGAS, Mr. VISCLOSKY, Mr. WALZ, Ms.

WASSERMAN SCHULTZ, Ms. WATERS, Ms. WATSON, Mr. WAXMAN, Mr.

VerDate Nov 24 2008 04:28 Jan 07, 2009 Jkt 079200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H12.IH H12


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WELCH, Mr. WEXLER, Ms. WOOLSEY, Mr. YARMUTH, Ms. HARMAN, Ms.

KAPTUR, Mr. KUCINICH, Mr. MCMAHON, Mr. MURPHY of Connecticut,

Mr. PERRIELLO, Ms. PINGREE of Maine, Mr. POMEROY, Mr. RYAN of

Ohio, Mr. THOMPSON of Mississippi, Ms. VELAZQUEZ, Mr. HEINRICH,

Mr. BAIRD, Ms. BALDWIN, Mr. BERMAN, Mr. BERRY, Ms. BORDALLO,

Mr. BRALEY of Iowa, Ms. CORRINE BROWN of Florida, Mr.

BUTTERFIELD, Mr. CAPUANO, Mr. DAVIS of Illinois, Mr. DINGELL, Mrs.CHRISTENSEN, Mr. DOGGETT, Mr. LARSEN of Washington, Mr. WATT,

Mr. STUPAK, Ms. CASTOR of Florida, Mr. BISHOP of Georgia, Mr. MUR-

THA, Mr. CARDOZA, Mr. RUSH, Mr. ORTIZ, Mr. EDWARDS of Texas, Mr.

SHULER, Mr. AL GREEN of Texas, Mr. GONZALEZ, Mr. COOPER, Mr.

MITCHELL, Mr. PETERSON, Mr. GENE GREEN of Texas, Ms. RICHARD-

SON, Mr. HIGGINS, Ms. JACKSON-LEE of Texas, Mr. THOMPSON of Cali-

fornia, Mr. COSTELLO, and Mr. KENNEDY) introduced the following bill;

which was referred to the Committee on Education and Labor

A BILL

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.

Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled,2

SECTION 1. SHORT TITLE.3

This Act may be cited as the Paycheck Fairness4

Act.5

SEC. 2. FINDINGS.6

Congress finds the following:7

(1) Women have entered the workforce in8

record numbers over the past 50 years.9

(2) Despite the enactment of the Equal Pay Act10

in 1963, many women continue to earn significantly11



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lower pay than men for equal work. These pay dis-1

parities exist in both the private and governmental2

sectors. In many instances, the pay disparities can3

only be due to continued intentional discrimination4

or the lingering effects of past discrimination.5

(3) The existence of such pay disparities6

(A) depresses the wages of working fami-7

lies who rely on the wages of all members of the8

family to make ends meet;9

(B) undermines womens retirement secu-10

rity, which is often based on earnings while in11

the workforce;12

(C) prevents the optimum utilization of13

available labor resources;14

(D) has been spread and perpetuated,15

through commerce and the channels and instru-16

mentalities of commerce, among the workers of17

the several States;18

(E) burdens commerce and the free flow of19

goods in commerce;20

(F) constitutes an unfair method of com-21

petition in commerce;22

(G) leads to labor disputes burdening and23

obstructing commerce and the free flow of24

goods in commerce;25



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(H) interferes with the orderly and fair1

marketing of goods in commerce; and2

(I) in many instances, may deprive workers3

of equal protection on the basis of sex in viola-4

tion of the 5th and 14th amendments.5

(4)(A) Artificial barriers to the elimination of6

discrimination in the payment of wages on the basis7

of sex continue to exist decades after the enactment8

of the Fair Labor Standards Act of 1938 (29 U.S.C.9

201 et seq.) and the Civil Rights Act of 1964 (4210

U.S.C. 2000a et seq.).11

(B) These barriers have resulted, in significant12

part, because the Equal Pay Act has not worked as13

Congress originally intended. Improvements and14

modifications to the law are necessary to ensure that15

the Act provides effective protection to those subject16

to pay discrimination on the basis of their sex.17

(C) Elimination of such barriers would have18

positive effects, including19

(i) providing a solution to problems in the20

economy created by unfair pay disparities;21

(ii) substantially reducing the number of22

working women earning unfairly low wages,23

thereby reducing the dependence on public as-24

sistance;25



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(iii) promoting stable families by enabling1

all family members to earn a fair rate of pay;2

(iv) remedying the effects of past discrimi-3

nation on the basis of sex and ensuring that in4

the future workers are afforded equal protection5

on the basis of sex; and6

(v) ensuring equal protection pursuant to7

Congress power to enforce the 5th and 14th8

amendments.9

(5) The Department of Labor and the Equal10

Employment Opportunity Commission have impor-11

tant and unique responsibilities to help ensure that12

women receive equal pay for equal work.13

(6) The Department of Labor is responsible14

for15

(A) collecting and making publicly avail-16

able information about womens pay;17

(B) ensuring that companies receiving18

Federal contracts comply with anti-discrimina-19

tion affirmative action requirements of Execu-20

tive Order 11246 (relating to equal employment21

opportunity);22

(C) disseminating information about wom-23

ens rights in the workplace;24



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(D) helping women who have been victims1

of pay discrimination obtain a remedy; and2

(E) being proactive in investigating and3

prosecuting equal pay violations, especially sys-4

temic violations, and in enforcing all of its man-5

dates.6

(7) The Equal Employment Opportunity Com-7

mission is the primary enforcement agency for8

claims made under the Equal Pay Act, and issues9

regulations and guidance on appropriate interpreta-10

tions of the law.11

(8) With a stronger commitment by the Depart-12

ment of Labor and the Equal Employment Oppor-13

tunity Commission to their responsibilities, increased14

information as a result of the amendments made by15

this Act to the Equal Pay Act of 1963, wage data,16

and more effective remedies, women will be better17

able to recognize and enforce their rights.18

(9) Certain employers have already made great19

strides in eradicating unfair pay disparities in the20

workplace and their achievements should be recog-21

nized.22



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SEC. 3. ENHANCED ENFORCEMENT OF EQUAL PAY RE-1

QUIREMENTS.2

(a) BONA-FIDE FACTOR DEFENSE AND MODIFICA-3

TION OF SAME ESTABLISHMENT REQUIREMENT.Section4

6(d)(1) of the Fair Labor Standards Act of 1938 (295

U.S.C. 206(d)(1)) is amended6

(1) by striking No employer having and in-7

serting (A) No employer having;8

(2) by striking any other factor other than9

sex and inserting a bona fide factor other than10

sex, such as education, training, or experience; and11

(3) by inserting at the end the following:12

(B) The bona fide factor defense described in sub-13

paragraph (A)(iv) shall apply only if the employer dem-14

onstrates that such factor (i) is not based upon or derived15

from a sex-based differential in compensation; (ii) is job-16

related with respect to the position in question; and (iii)17

is consistent with business necessity. Such defense shall18

not apply where the employee demonstrates that an alter-19

native employment practice exists that would serve the20

same business purpose without producing such differential21

and that the employer has refused to adopt such alter-22

native practice.23

(C) For purposes of subparagraph (A), employees24

shall be deemed to work in the same establishment if the25

employees work for the same employer at workplaces lo-26



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cated in the same county or similar political subdivision1

of a State. The preceding sentence shall not be construed2

as limiting broader applications of the term establish-3

ment consistent with rules prescribed or guidance issued4

by the Equal Opportunity Employment Commission..5

(b) NONRETALIATION PROVISION.Section 15 of the6

Fair Labor Standards Act of 1938 (29 U.S.C. 215(a)(3))7

is amended8

(1) in subsection (a)(3), by striking employee9

has filed and all that follows and inserting em-10

ployee11

(A) has made a charge or filed any com-12

plaint or instituted or caused to be instituted13

any investigation, proceeding, hearing, or action14

under or related to this Act, including an inves-15

tigation conducted by the employer, or has tes-16

tified or is planning to testify or has assisted or17

participated in any manner in any such inves-18

tigation, proceeding, hearing or action, or has19

served or is planning to serve on an industry20

Committee; or21

(B) has inquired about, discussed or dis-22

closed the wages of the employee or another23

employee.; and24

(2) by adding at the end the following:25



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(c) Subsection (a)(3)(B) shall not apply to instances1

in which an employee who has access to the wage informa-2

tion of other employees as a part of such employees essen-3

tial job functions discloses the wages of such other employ-4

ees to individuals who do not otherwise have access to such5

information, unless such disclosure is in response to a6

complaint or charge or in furtherance of an investigation,7

proceeding, hearing, or action under section 6(d), includ-8

ing an investigation conducted by the employer. Nothing9

in this subsection shall be construed to limit the rights10

of an employee provided under any other provision of11

law..12

(c) ENHANCED PENALTIES.Section 16(b) of the13

Fair Labor Standards Act of 1938 (29 U.S.C. 216(b)) is14

amended15

(1) by inserting after the first sentence the fol-16

lowing: Any employer who violates section 6(d)17

shall additionally be liable for such compensatory18

damages, or, where the employee demonstrates that19

the employer acted with malice or reckless indiffer-20

ence, punitive damages as may be appropriate, ex-21

cept that the United States shall not be liable for22

punitive damages.;23

(2) in the sentence beginning An action to,24

by striking either of the preceding sentences and25



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inserting any of the preceding sentences of this1

subsection;2

(3) in the sentence beginning No employees3

shall, by striking No employees and inserting4

Except with respect to class actions brought to en-5

force section 6(d), no employee;6

(4) by inserting after the sentence referred to7

in paragraph (3), the following: Notwithstanding8

any other provision of Federal law, any action9

brought to enforce section 6(d) may be maintained10

as a class action as provided by the Federal Rules11

of Civil Procedure.; and12

(5) in the sentence beginning The court in13

(A) by striking in such action and in-14

serting in any action brought to recover the li-15

ability prescribed in any of the preceding sen-16

tences of this subsection; and17

(B) by inserting before the period the fol-18

lowing: , including expert fees.19

(d) ACTION BY SECRETARY.Section 16(c) of the20

Fair Labor Standards Act of 1938 (29 U.S.C. 216(c)) is21

amended22

(1) in the first sentence23

(A) by inserting or, in the case of a viola-24

tion of section 6(d), additional compensatory or25



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punitive damages, as described in subsection1

(b), before and the agreement; and2

(B) by inserting before the period the fol-3

lowing: , or such compensatory or punitive4

damages, as appropriate;5

(2) in the second sentence, by inserting before6

the period the following: and, in the case of a viola-7

tion of section 6(d), additional compensatory or pu-8

nitive damages, as described in subsection (b);9

(3) in the third sentence, by striking the first10

sentence and inserting the first or second sen-11

tence; and12

(4) in the last sentence13

(A) by striking commenced in the case14

and inserting commenced15

(1) in the case;16

(B) by striking the period and inserting ;17

or; and18

(C) by adding at the end the following:19

(2) in the case of a class action brought to en-20

force section 6(d), on the date on which the indi-21

vidual becomes a party plaintiff to the class action..22

SEC. 4. TRAINING.23

The Equal Employment Opportunity Commission24

and the Office of Federal Contract Compliance Programs,25



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subject to the availability of funds appropriated under sec-1

tion 10, shall provide training to Commission employees2

and affected individuals and entities on matters involving3

discrimination in the payment of wages.4

SEC. 5. NEGOTIATION SKILLS TRAINING FOR GIRLS AND5

WOMEN.6

(a) PROGRAMAUTHORIZED.7

(1) IN GENERAL.The Secretary of Labor,8

after consultation with the Secretary of Education,9

is authorized to establish and carry out a grant pro-10

gram.11

(2) GRANTS.In carrying out the program, the12

Secretary of Labor may make grants on a competi-13

tive basis to eligible entities, to carry out negotiation14

skills training programs for girls and women.15

(3) ELIGIBLE ENTITIES.To be eligible to re-16

ceive a grant under this subsection, an entity shall17

be a public agency, such as a State, a local govern-18

ment in a metropolitan statistical area (as defined19

by the Office of Management and Budget), a State20

educational agency, or a local educational agency, a21

private nonprofit organization, or a community-22

based organization.23

(4) APPLICATION.To be eligible to receive a24

grant under this subsection, an entity shall submit25



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an application to the Secretary of Labor at such1

time, in such manner, and containing such informa-2

tion as the Secretary of Labor may require.3

(5) USE OF FUNDS.An entity that receives a4

grant under this subsection shall use the funds made5

available through the grant to carry out an effective6

negotiation skills training program that empowers7

girls and women. The training provided through the8

program shall help girls and women strengthen their9

negotiation skills to allow the girls and women to ob-10

tain higher salaries and rates of compensation that11

are equal to those paid to similarly-situated male12

employees.13

(b) INCORPORATING TRAINING INTO EXISTING PRO-14

GRAMS.The Secretary of Labor and the Secretary of15

Education shall issue regulations or policy guidance that16

provides for integrating the negotiation skills training, to17

the extent practicable, into programs authorized under18

(1) in the case of the Secretary of Education,19

the Elementary and Secondary Education Act of20

1965 (20 U.S.C. 6301 et seq.), the Carl D. Perkins21

Vocational and Technical Education Act of 1998 (2022

U.S.C. 2301 et seq.), the Higher Education Act of23

1965 (20 U.S.C. 1001 et seq.), and other programs24

carried out by the Department of Education that the25



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Secretary of Education determines to be appro-1

priate; and2

(2) in the case of the Secretary of Labor, the3

Workforce Investment Act of 1998 (29 U.S.C. 28014

et seq.), and other programs carried out by the De-5

partment of Labor that the Secretary of Labor de-6

termines to be appropriate.7

(c) REPORT.Not later than 1 year after the date8

of enactment of this Act, and annually thereafter, the Sec-9

retary of Labor and the Secretary of Education shall pre-10

pare and submit to Congress a report describing the ac-11

tivities conducted under this section and evaluating the ef-12

fectiveness of such activities in achieving the purposes of13

this Act.14

SEC. 6. RESEARCH, EDUCATION, AND OUTREACH.15

The Secretary of Labor shall conduct studies and16

provide information to employers, labor organizations, and17

the general public concerning the means available to elimi-18

nate pay disparities between men and women, including19

(1) conducting and promoting research to de-20

velop the means to correct expeditiously the condi-21

tions leading to the pay disparities;22

(2) publishing and otherwise making available23

to employers, labor organizations, professional asso-24

ciations, educational institutions, the media, and the25



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general public the findings resulting from studies1

and other materials, relating to eliminating the pay2

disparities;3

(3) sponsoring and assisting State and commu-4

nity informational and educational programs;5

(4) providing information to employers, labor6

organizations, professional associations, and other7

interested persons on the means of eliminating the8

pay disparities;9

(5) recognizing and promoting the achievements10

of employers, labor organizations, and professional11

associations that have worked to eliminate the pay12

disparities; and13

(6) convening a national summit to discuss, and14

consider approaches for rectifying, the pay dispari-15

ties.16

SEC. 7. ESTABLISHMENT OF THE NATIONAL AWARD FOR17

PAY EQUITY IN THE WORKPLACE.18

(a) IN GENERAL.There is established the Secretary19

of Labors National Award for Pay Equity in the Work-20

place, which shall be awarded, as appropriate, to encour-21

age proactive efforts to comply with section 6(d) of the22

Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)).23

(b) CRITERIA FOR QUALIFICATION.The Secretary24

of Labor shall set criteria for receipt of the award, includ-25



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ing a requirement that an employer has made substantial1

effort to eliminate pay disparities between men and2

women, and deserves special recognition as a consequence3

of such effort. The Secretary shall establish procedures for4

the application and presentation of the award.5

(c) BUSINESS.In this section, the term employer6

includes7

(1)(A) a corporation, including a nonprofit cor-8

poration;9

(B) a partnership;10

(C) a professional association;11

(D) a labor organization; and12

(E) a business entity similar to an entity de-13

scribed in any of subparagraphs (A) through (D);14

(2) an entity carrying out an education referral15

program, a training program, such as an apprentice-16

ship or management training program, or a similar17

program; and18

(3) an entity carrying out a joint program,19

formed by a combination of any entities described in20

paragraph (1) or (2).21



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SEC. 8. COLLECTION OF PAY INFORMATION BY THE EQUAL1

EMPLOYMENT OPPORTUNITY COMMISSION.2

Section 709 of the Civil Rights Act of 1964 (423

U.S.C. 2000e8) is amended by adding at the end the fol-4

lowing:5

(f)(1) Not later than 18 months after the date of6

enactment of this subsection, the Commission shall7

(A) complete a survey of the data that is cur-8

rently available to the Federal Government relating9

to employee pay information for use in the enforce-10

ment of Federal laws prohibiting pay discrimination11

and, in consultation with other relevant Federal12

agencies, identify additional data collections that will13

enhance the enforcement of such laws; and14

(B) based on the results of the survey and15

consultations under subparagraph (A), issue regula-16

tions to provide for the collection of pay information17

data from employers as described by the sex, race,18

and national origin of employees.19

(2) In implementing paragraph (1), the Commission20

shall have as its primary consideration the most effective21

and efficient means for enhancing the enforcement of Fed-22

eral laws prohibiting pay discrimination. For this purpose,23

the Commission shall consider factors including the impo-24

sition of burdens on employers, the frequency of required25

reports (including which employers should be required to26



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prepare reports), appropriate protections for maintaining1

data confidentiality, and the most effective format for the2

data collection reports..3

SEC. 9. REINSTATEMENT OF PAY EQUITY PROGRAMS AND4

PAY EQUITY DATA COLLECTION.5

(a) BUREAU OF LABOR STATISTICS DATA COLLEC-6

TION.The Commissioner of Labor Statistics shall con-7

tinue to collect data on women workers in the Current8

Employment Statistics survey.9

(b) OFFICE OF FEDERAL CONTRACT COMPLIANCE10

PROGRAMS INITIATIVES.The Director of the Office of11

Federal Contract Compliance Programs shall ensure that12

employees of the Office13

(1)(A) shall use the full range of investigatory14

tools at the Offices disposal, including pay grade15

methodology;16

(B) in considering evidence of possible com-17

pensation discrimination18

(i) shall not limit its consideration to a19

small number of types of evidence; and20

(ii) shall not limit its evaluation of the evi-21

dence to a small number of methods of evalu-22

ating the evidence; and23



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(C) shall not require a multiple regression anal-1

ysis or anecdotal evidence for a compensation dis-2

crimination case;3

(2) for purposes of its investigative, compliance,4

and enforcement activities, shall define similarly5

situated employees in a way that is consistent with6

and not more stringent than the definition provided7

in item 1 of subsection A of section 10III of the8

Equal Employment Opportunity Commission Com-9

pliance Manual (2000), and shall consider only fac-10

tors that the Offices investigation reveals were used11

in making compensation decisions; and12

(3) shall reinstate the Equal Opportunity Sur-13

vey, as required by section 602.18 of title 41, Code14

of Federal Regulations (as in effect on September 7,15

2006), designating not less than half of all non-16

construction contractor establishments each year to17

prepare and file such survey, and shall review and18

utilize the responses to such survey to identify con-19

tractor establishments for further evaluation and for20

other enforcement purposes as appropriate.21

(c) DEPARTMENT OF LABOR DISTRIBUTION OF22

WAGE DISCRIMINATION INFORMATION.The Secretary of23

Labor shall make readily available (in print, on the De-24

partment of Labor website, and through any other forum25



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that the Department may use to distribute compensation1

discrimination information), accurate information on com-2

pensation discrimination, including statistics, explanations3

of employee rights, historical analyses of such discrimina-4

tion, instructions for employers on compliance, and any5

other information that will assist the public in under-6

standing and addressing such discrimination.7

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.8

(a) AUTHORIZATION OF APPROPRIATIONS.There9

are authorized to be appropriated $15,000,000 to carry10

out this Act.11

(b) PROHIBITION ON EARMARKS.None of the funds12

appropriated pursuant to subsection (a) for purposes of13

the grant program in section 5 of this Act may be used14

for a Congressional earmark as defined in clause 9(d) of15

rule XXI of the Rules of the House of Representatives.16

SEC. 11. SMALL BUSINESS ASSISTANCE.17

(a) EFFECTIVE DATE.This Act and the amend-18

ments made by this Act shall take effect on the date that19

is 6 months after the date of enactment of this Act.20

(b) TECHNICAL ASSISTANCE MATERIALS.The Sec-21

retary of Labor and the Commissioner of the Equal Em-22

ployment Opportunity Commission shall jointly develop23

technical assistance material to assist small businesses in24



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complying with the requirements of this Act and the1

amendments made by this Act.2

(c) SMALL BUSINESSES.A small business shall be3

exempt from the provisions of this Act to the same extent4

that such business is exempt from the requirements of the5

Fair Labor Standards Act pursuant to section6

3(s)(1)(A)(i) and (ii) of such Act.7

SEC. 12. RULE OF CONSTRUCTION.8

Nothing in this Act, or in any amendments made by9

this Act, shall affect the obligation of employers and em-10

ployees to fully comply with all applicable immigration11

laws, including any penalties, fines, or other sanctions.12

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H.R. 12 (Paycheck Fairness Act) Rep DeLauro, Rosa L. 111th Congress

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