H.R.1338: 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.

Latest Update: Friday, January, 16th 2009

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. 7/31/2008--Passed House amended. (There is 1 other summary) 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 [...]

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Latest Actions

08/01/2008 - Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
07/31/2008 - H.AMDT.1149 Amendment (A006) offered by Mr. Flake. An amendment numbered 6 printed in House Report 110-807 to prohibit the grant program created by the Paycheck Fairness Act from being used for Congressional earmarks.
07/31/2008 - DEBATE - Pursuant to the provisions of H. Res. 1388, the Committee of the Whole proceeded with ten minutes of debate on the Flake amendment.
07/31/2008 - H.AMDT.1149 On agreeing to the Flake amendment (A006) Agreed to by voice vote.
07/31/2008 - UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question on adoption of amendments which had been debated earlier and on which further proceedings had been postponed.

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08/01/2008 - Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
07/31/2008 - H.AMDT.1149 Amendment (A006) offered by Mr. Flake. An amendment numbered 6 printed in House Report 110-807 to prohibit the grant program created by the Paycheck Fairness Act from being used for Congressional earmarks.
07/31/2008 - DEBATE - Pursuant to the provisions of H. Res. 1388, the Committee of the Whole proceeded with ten minutes of debate on the Flake amendment.
07/31/2008 - H.AMDT.1149 On agreeing to the Flake amendment (A006) Agreed to by voice vote.
07/31/2008 - UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question on adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
07/31/2008 - H.AMDT.1145 On agreeing to the Price (GA) amendment (A002) Failed by recorded vote: 188 - 240 (Roll no. 551).
07/31/2008 - H.AMDT.1146 On agreeing to the Altmire amendment (A003) Agreed to by recorded vote: 426 - 1 (Roll no. 552).
07/31/2008 - H.AMDT.1147 On agreeing to the Giffords amendment (A004) Agreed to by recorded vote: 397 - 29 (Roll no. 553).
07/31/2008 - H.AMDT.1148 On agreeing to the Cazayoux amendment (A005) Agreed to by recorded vote: 410 - 16, 1 Present (Roll no. 554).
07/31/2008 - The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1338.
07/31/2008 - The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
07/31/2008 - Mr. Price (GA) moved to recommit with instructions to Education and Labor.
07/31/2008 - DEBATE - The House proceeded with 10 minutes of debate on the Price (GA) motion to recommit with instructions. The instructions contained in the motion seek to report the bill back to the House with an amendment.
07/31/2008 - The previous question on the motion to recommit with instructions was ordered without objection.
07/31/2008 - On motion to recommit with instructions Failed by recorded vote: 189 - 236 (Roll no. 555).
07/31/2008 - On passage Passed by recorded vote: 247 - 178 (Roll no. 556).
07/31/2008 - The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text: CR H7691-7693)
07/31/2008 - Motion to reconsider laid on the table Agreed to without objection.
07/31/2008 - The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 1338.
07/31/2008 - H.AMDT.1144 Amendment (A001) offered by Ms. Bean. (consideration: CR H7693; text: CR H7693) Amendment prevented the expansion of the Equal Pay Act from including job applicants.
07/31/2008 - H.AMDT.1145 Amendment (A002) offered by Mr. Price (GA). (consideration: CR H7693-7695, H7698-7699; text: CR H7693) Amendment sought to direct the Secretary of Labor to study and report back to Congress within 90 days the effect of the Equal Pay Act amendments contained in the bill (section 3) on employers' ability to recruit and hire employees regardless of gender. The effective date of these amendments would be delayed pending the Secretary's report. If the Secretary found that these amendments were likely to significantly hinder employers' ability to hire and recruit employees regardless of gender, they would not go into effect.
07/31/2008 - H.AMDT.1146 Amendment (A003) offered by Mr. Altmire. (consideration: CR H7695-7696, H7669-7700; text: CR H7695) Amendment delayed the effective date of the bill by six months from the time of enactment and required the Department of Labor to educate small businesses with respect to what is required under law and to assist them with compliance.
07/31/2008 - H.AMDT.1147 Amendment (A004) offered by Ms. Giffords. (consideration: CR H7696-7697, H7700; text: CR H7696) Amendment clarified the legal standard for punitive damages as requiring malice or reckless indifference.
07/31/2008 - Considered under the provisions of rule H. Res. 1388. (consideration: CR H7678-7681)
07/31/2008 - Considered as unfinished business. (consideration: CR H7681-7704)
07/31/2008 - H.AMDT.1144 Amendment (A001) offered by Ms. Bean. (consideration: CR H7693; text: CR H7693) An amendment numbered 1 printed in House Report 110-807 to strike Section 3(b), "Application of Provisions," from the bill.
07/31/2008 - H.AMDT.1145 Amendment (A002) offered by Mr. Price (GA). (consideration: CR H7693-7695, H7698-7699; text: CR H7693) An amendment numbered 2 printed in House Report 110-807 to direct the Secretary of Labor to study and report back to Congress within 90 days the effect of the Equal Pay Act amendments contained in the bill (section 3) on employers' ability to recruit and hire employees regardless of gender; the effective date of these amendments is delayed pending the Secretary's report. If the Secretary finds that these amendments are likely to significantly hinder employers' ability to hire and recruit employees regardless of gender, they do not go into effect.
07/31/2008 - H.AMDT.1146 Amendment (A003) offered by Mr. Altmire. (consideration: CR H7695-7696, H7669-7700; text: CR H7695) An amendment numbered 3 printed in House Report 110-807 to delay the effective date of the bill by six months from the time of enactment. The amendment requires the Department of Labor to educate small businesses about what is required under law and assist them with compliance.
07/31/2008 - H.AMDT.1147 Amendment (A004) offered by Ms. Giffords. (consideration: CR H7696-7697, H7700; text: CR H7696) An amendment numbered 4 printed in House Report 110-807 to clarify that a plaintiff must show intent (malice or reckless indifference) to recover punitive damages.
07/31/2008 - H.AMDT.1148 Amendment (A005) offered by Mr. Cazayoux. (consideration: CR H7697, H7700-7701; text: CR H7697) An amendment numbered 5 printed in House Report 110-807 to clarify that nothing in the Paycheck Fairness Act would affect the obligation of employers and employees to fully comply with all the applicable immigration laws.
07/31/2008 - H.AMDT.1149 Amendment (A006) offered by Mr. Flake. (consideration: CR H7697-7698; text: CR H7697) An amendment numbered 6 printed in House Report 110-807 to prohibit the grant program created by the Paycheck Fairness Act from being used for Congressional earmarks.
07/31/2008 - The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (consideration: CR H7691-7693)
07/31/2008 - Mr. Price (GA) moved to recommit with instructions to Education and Labor. (consideration: CR H7701-7703; text: CR H7701)
07/31/2008 - The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H7703)
07/31/2008 - H.AMDT.1145 Amendment (A002) offered by Mr. Price (GA). (consideration: CR H7693-7695, H7698-7699; text: CR H7693) Amendment sought to direct the Secretary of Labor to study and report back to Congress within 90 days the effect of the Equal Pay Act amendments contained in the bill (section 3) on employers' ability to recruit and hire employees regardless of gender; the effective date of these amendments would be delayed pending the Secretary's report. If the Secretary found that these amendments were likely to significantly hinder employers' ability to hire and recruit employees regardless of gender, they would not go into effect.
07/31/2008 - H.AMDT.1146 Amendment (A003) offered by Mr. Altmire. (consideration: CR H7695-7696, H7669-7700; text: CR H7695) Amendment to delay the effective date of the bill by six months from the time of enactment and require the Department of Labor to educate small businesses about what is required under law and assist them with compliance.
07/31/2008 - Rule H. Res. 1388 passed House.
07/31/2008 - Considered under the provisions of rule H. Res. 1388.
07/31/2008 - Rule provides for consideration of H.R. 1338 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI.
07/31/2008 - House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 1388 and Rule XVIII.
07/31/2008 - The Speaker designated the Honorable Michael E. Capuano to act as Chairman of the Committee.
07/31/2008 - GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 1338.
07/31/2008 - Committee of the Whole House on the state of the Union rises leaving H.R. 1338 as unfinished business.
07/31/2008 - Considered as unfinished business.
07/31/2008 - The House resolved into Committee of the Whole House on the state of the Union for further consideration.
07/31/2008 - GENERAL DEBATE - The Committee of the Whole continued with general debate on H.R. 1338.
07/31/2008 - H.AMDT.1144 Amendment (A001) offered by Ms. Bean. An amendment numbered 1 printed in House Report 110-807 to strike Section 3(b), "Application of Provisions," from the bill.
07/31/2008 - DEBATE - Pursuant to the provisions of H. Res. 1388, the Committee of the Whole proceeded with ten minutes of debate on the Bean amendment.
07/31/2008 - H.AMDT.1144 On agreeing to the Bean amendment (A001) Agreed to by voice vote.
07/31/2008 - H.AMDT.1145 Amendment (A002) offered by Mr. Price (GA). An amendment numbered 2 printed in House Report 110-807 to direct the Secretary of Labor to study and report back to Congress within 90 days the effect of the Equal Pay Act amendments contained in the bill (section 3) on employers' ability to recruit and hire employees regardless of gender; the effective date of these amendments is delayed pending the Secretary's report. If the Secretary finds that these amendments are likely to significantly hinder employers' ability to hire and recruit employees regardless of gender, they do not go into effect.
07/31/2008 - DEBATE - Pursuant to the provisions of H. Res. 1388, the Committee of the Whole proceeded with ten minutes of debate on the Price (GA) amendment.
07/31/2008 - POSTPONED PROCEEDINGS - At the conclusion of debate on the Price (GA) amendment the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Price (GA) demanded a recorded vote and pursuant to the rule, the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
07/31/2008 - H.AMDT.1146 Amendment (A003) offered by Mr. Altmire. An amendment numbered 3 printed in House Report 110-807 to delay the effective date of the bill by six months from the time of enactment. The amendment requires the Department of Labor to educate small businesses about what is required under law and assist them with compliance.
07/31/2008 - DEBATE - Pursuant to the provisions of H. Res. 1388, the Committee of the Whole proceeded with ten minutes of debate on the Altmire amendment.
07/31/2008 - POSTPONED PROCEEDINGS - At the conclusion of debate on the Altmire amendment the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Altmire demanded a recorded vote and pursuant to the rule, the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
07/31/2008 - H.AMDT.1147 Amendment (A004) offered by Ms. Giffords. An amendment numbered 4 printed in House Report 110-807 to clarify that a plaintiff must show intent (malice or reckless indifference) to recover punitive damages.
07/31/2008 - DEBATE - Pursuant to the provisions of H. Res. 1388, the Committee of the Whole proceeded with ten minutes of debate on the Giffords amendment.
07/31/2008 - POSTPONED PROCEEDINGS - At the conclusion of debate on the Giffords amendment the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Giffords demanded a recorded vote and pursuant to the rule, the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
07/31/2008 - H.AMDT.1148 Amendment (A005) offered by Mr. Cazayoux. An amendment numbered 5 printed in House Report 110-807 to clarify that nothing in the Paycheck Fairness Act would affect the obligation of employers and employees to fully comply with all the applicable immigration laws.
07/31/2008 - DEBATE - Pursuant to the provisions of H. Res. 1388, the Committee of the Whole proceeded with ten minutes of debate on the Cazayoux amendment.
07/31/2008 - POSTPONED PROCEEDINGS - At the conclusion of debate on the Cazayoux amendment the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Andrews demanded a recorded vote and pursuant to the rule, the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
07/30/2008 - Rules Committee Resolution H. Res. 1388 Reported to House. Rule provides for consideration of H.R. 1338 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI.
07/28/2008 - Reported (Amended) by the Committee on Education and Labor. H. Rept. 110-783.
07/28/2008 - Placed on the Union Calendar, Calendar No. 502.
07/24/2008 - Subcommittee on Workforce Protections Discharged.
07/24/2008 - Committee Consideration and Mark-up Session Held.
07/24/2008 - Ordered to be Reported Without Recommendation (Amended) by the Yeas and Nays: 26 - 17.
07/11/2007 - Subcommittee Hearings Held.
06/06/2007 - Sponsor introductory remarks on measure. (CR H6012)
06/05/2007 - Referred to the Subcommittee on Workforce Protections.
03/06/2007 - Referred to the House Committee on Education and Labor.