Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1696586714043.pdf (United States)
II Calendar No.

46 117TH CONGRESS 1ST SESSION H. R. 7 IN THE SENATE OF THE UNITED STATES APRIL 19, 2021 Received; read the first time APRIL 20, 2021 Read the second time and placed on the calendar AN ACT 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- tives of the United States of America in Congress assembled, SECTION 1.

SHORT TITLE.

This Act may be cited as the ‘‘Paycheck Fairness Act’’.

 H7 SEC.

2.

ENHANCED ENFORCEMENT OF EQUAL PAY RE- QUIREMENTS.


(a) DEFINITIONS.—Section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C.

203) is amended by adding at the end the following: ‘‘(z) ‘Sex’ includes— ‘‘(1) pregnancy, childbirth, or a related medical condition; ‘‘(2) sexual orientation or gender identity; and ‘‘(3) sex characteristics, including intersex traits.

‘‘(aa) ‘Sexual orientation’ includes homosexuality, heterosexuality, and bisexuality.
‘‘(bb) ‘Gender identity’ means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individ- ual’s designated sex at birth.’’.

(b) BONA FIDE FACTOR DEFENSE AND MODIFICA- TION OF SAME ESTABLISHMENT REQUIREMENT.—Section 6(d)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C.
206(d)(1)) is amended— (1) by striking ‘‘No employer having’’ and in- serting ‘‘(A) No employer having’’; (2) by striking ‘‘the opposite’’ and inserting ‘‘another’’; HR 7 PCS H7 (3) by striking ‘‘any other factor other than sex’’ and inserting ‘‘a bona fide factor other than sex, such as education, training, or experience’’; and (4) by inserting at the end the following: ‘‘(B) The bona fide factor defense described in subparagraph (A)(iv) shall apply only if the em- ployer demonstrates that such factor (i) is not based upon or derived from a sex-based differential in com- pensation; (ii) is job-related with respect to the posi- tion in question; (iii) is consistent with business ne- cessity; and (iv) accounts for the entire differential in compensation at issue.
Such defense shall not apply where the employee demonstrates that an al- ternative employment practice exists that would serve the same business purpose without producing such differential and that the employer has refused to adopt such alternative practice.

‘‘(C) For purposes of subparagraph (A), em- ployees shall be deemed to work in the same estab- lishment if the employees work for the same em- ployer at workplaces located in the same county or similar political subdivision of a State.
The pre- ceding sentence shall not be construed as limiting broader applications of the term ‘establishment’ con- H7 HR 7 PCS sistent with rules prescribed or guidance issued by the Equal Employment Opportunity Commission.’’.
(c) NONRETALIATION PROVISION.—Section 15 of the Fair Labor Standards Act of 1938 (29 U.S.C.
215) is amended— (1) in subsection (a)— (A) in paragraph (3), by striking ‘‘em- ployee has filed’’ and all that follows and insert- ing ‘‘employee— ‘‘(A) has made a charge or filed any com- plaint or instituted or caused to be instituted any investigation, proceeding, hearing, or action under or related to this Act, including an inves- tigation conducted by the employer, or has tes- tified or is planning to testify or has assisted or participated in any manner in any such inves- tigation, proceeding, hearing or action, or has served or is planning to serve on an industry committee; ‘‘(B) has opposed any practice made un- lawful by this Act; or ‘‘(C) has inquired about, discussed, or dis- closed the wages of the employee or another employee (such as by inquiring or discussing H7 HR 7 PCS with the employer why the wages of the em- ployee are set at a certain rate or salary);’’; (B) in paragraph (5), by striking the pe- riod at the end and inserting ‘‘; or’’; and (C) by adding at the end the following: ‘‘(6) to require an employee to sign a contract or waiver that would prohibit the employee from dis- closing information about the employee’s wages.’’; and (2) by adding at the end the following: ‘‘(c) Subsection (a)(3)(C) shall not apply to instances in which an employee who has
 access to the wage informa- tion of other employees as a part of such employee’s essen- tial job functions discloses the wages of such other employ- ees to individuals who do not otherwise have access to such information, unless such disclosure is in response to a complaint or charge or in furtherance of an investigation, proceeding, hearing, or action under section 6(d), includ- ing an investigation conducted by the employer.
Nothing in this subsection shall be construed to limit the rights of an employee provided under any other provision of law.’’.

23 24 (d) ENHANCED PENALTIES.—Section 16(b) of the Fair Labor Standards Act of 1938 (29 U.S.C.
216(b)) is 25 amended— HR 7 PCS H7 (1) by inserting after the first sentence the fol- lowing: ‘‘Any employer who violates section 6(d), or who violates the provisions of section 15(a)(3) in re- lation to section 6(d), shall additionally be liable for such compensatory damages, or, where the employee demonstrates that the employer acted with malice or reckless indifference, punitive damages as may be appropriate, except that the United States shall not be liable for punitive damages.’’; (2) in the sentence beginning ‘‘An action to’’, by striking ‘‘the preceding sentences’’ and inserting ‘‘any of the preceding sentences of this subsection’’; (3) in the sentence beginning ‘‘No employees shall’’, by striking ‘‘No employees’’ and inserting ‘‘Except with respect to class actions brought to en- force section 6(d), no employee’’; (4) by inserting after the sentence referred to in paragraph (3), the following: ‘‘Notwithstanding any other provision of Federal law, any action brought to enforce section 6(d) may be maintained as a class action as provided by the Federal Rules of Civil Procedure.’’; and (5) in the sentence beginning ‘‘The court in’’— (A) by striking ‘‘in such action’’ and in- serting ‘‘in any action brought to recover the li- VerDate Sep 11 2014 23:15 Apr 20, 2021 Jkt
24 25 H7 HR 7 PCS ability prescribed in any of the preceding sen- tences of this subsection’’; and (B) by inserting before the period the fol- lowing: ‘‘, including expert fees’’.
(e) ACTION BY THE SECRETARY.—Section 16(c) of the Fair Labor Standards Act of 1938 (29 U.S.C.
216(c)) is amended— (1) in the first sentence— (A) by inserting ‘‘or, in the case of a viola- tion of section 6(d), additional compensatory or punitive damages, as described in subsection (b),’’ before ‘‘and the agreement’’; and (B) by inserting before the period the fol- lowing: ‘‘, or such compensatory or punitive damages, as appropriate’’; (2) in the second sentence, by inserting before the period the following: ‘‘and, in the case of a viola- tion of section 6(d), additional compensatory or pu- nitive damages, as described in subsection (b)’’; and (3) in the third sentence, by striking ‘‘the first sentence’’ and inserting ‘‘the first or second sen- tence’’.
(f) ENFORCEMENT AUTHORITY.— (1) IN GENERAL.—The Equal Opportunity Em- ployment Commission shall carry out the functions H7 HR 7 PCS and authorities described in section 1 of Reorganiza- tion Plan No.

1 of 1978 (92 Stat.

3781; 5 U.S.C.

App.)


to enforce and administer the provisions of section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C.

206(d)), except that the Secretary of Labor, through the Office of Federal Contract Compliance Programs, may also enforce this provi- sion with respect to Federal contractors, Federal subcontractors, and federally-assisted construction contractors, within the jurisdiction of the Office of Federal Contract Compliance Programs under Exec- utive Order No.
11246 (42 U.S.C.

2000e note; relat- ing to equal employment opportunity) or a successor Executive order.

(2) COORDINATION.—The Equal Opportunity Employment Commission shall issue such regula- tions as may be necessary to explain and implement the standards of such section 6(d).

The Secretary of Labor may issue regulations to govern procedures for enforcement of section 6(d) by the Office of Fed- eral Contract Compliance Programs.
The Secretary of Labor and the Equal Employment Opportunity Commission shall establish other coordinating mech- anisms as may be necessary.

1 H7 HR 7 PCS SEC.

3.

TRAINING.
3.

TRAINING.

9 The Equal Employment Opportunity Commission and the Secretary of Labor, acting through the Office of Federal Contract Compliance Programs, subject to the availability of funds appropriated under section 11, shall provide training to employees of the Commission and the Office of Federal Contract Compliance Programs and to affected individuals and entities on matters involving dis- crimination in the payment of wages.

SEC.

4.

NEGOTIATION SKILLS TRAINING.


(a) NEGOTIATION BIAS TRAINING.— (1) IN GENERAL.—The Secretary of Labor shall establish a program to award contracts and grants for the purpose of training employers about the role that salary negotiation and other inconsistent wage setting practices can have on allowing bias to enter compensation.
(2) TRAINING TOPICS.—Each training program established using funds under section (a) shall in- clude an overview of how structural issues may cause inequitable earning and advancement opportu- nities for women and people of color and assist em- ployers in examining the impact of a range of prac- tices on such opportunities, including— H7 HR 7 PCS (A) self-auditing to identify structural issues that allow bias and inequity to enter compensation; (B) recruitment of candidates to ensure di- verse pools of applicants; (C) salary negotiations that result in simi- larly qualified workers entering at different rates of pay; (D) internal equity among workers with similar skills, effort, responsibility and working conditions; (E) consistent use of market rates and in- centives driven by industry competitiveness; (F) evaluation of the rate of employee progress and advancement to higher paid posi- tions; (G) work assignments that result in great- er opportunity for advancement; (H) training, development and promotion opportunities; (I) impact of mid-level or senior level hir- ing in comparison to wage rates of incumbent workers; (J) opportunities to win commissions and bonuses; HR 7 PCS VerDate Sep 11 2014 23:15 Apr 20, 2021
HR 7 PCS H7 (K) performance reviews and raises; (L) processes for adjusting pay to address inconsistency and inequity in compensation; and (M) other topics that research identifies as a common area for assumptions, bias and in- equity to impact compensation.
(b) PROGRAM AUTHORIZED.— (1) IN GENERAL.—The Secretary of Labor, after consultation with the Secretary of Education, is authorized to establish and carry out a grant pro- gram.

(2) GRANTS.—In carrying out the program, the Secretary of Labor may make grants on a competi- tive basis to eligible entities to carry out negotiation skills training programs for the purposes of address- ing pay disparities, including through outreach to women and girls.
(3) ELIGIBLE ENTITIES.—To be eligible to re- ceive a grant under this subsection, an entity shall be a public agency, such as a State, a local govern- ment in a metropolitan statistical area (as defined by the Office of Management and Budget), a State educational agency, or a local educational agency, a private nonprofit organization, or a community- based organization.
HR 7 PCS H7 (4) APPLICATION.—To be eligible to receive a grant under this subsection, an entity shall submit an application to the Secretary of Labor at such time, in such manner, and containing such informa- tion as the Secretary of Labor may require.
(5) USE OF FUNDS.—An entity that receives a grant under this subsection shall use the funds made available through the grant to carry out an effective negotiation skills training program for the purposes described in paragraph (2).
(c) INCORPORATING TRAINING INTO EXISTING PRO- GRAMS.—The Secretary of Labor and the Secretary of Education shall issue regulations or policy guidance that provides for integrating the negotiation skills training, to the extent practicable, into programs authorized under— (1) in the case of the Secretary of Education, the Elementary and Secondary Education Act of 1965 (20 U.S.C.

6301 et seq.

), the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C.

2301 et seq.
2301 et seq.

), the Higher Education Act of 1965 (20 U.S.C.

1001 et seq.

), and other programs carried out by the Department of Education that the Secretary of Education determines to be appro- priate; and HR 7 PCS H7 13 (2) in the case of the Secretary of Labor, the Workforce Innovation and Opportunity Act (29 U.S.C.

3101 et seq.
3101 et seq.

), and other programs carried out by the Department of Labor that the Secretary of Labor determines to be appropriate.

(d) REPORT.—Not later than 18 months after the date of enactment of this Act, and annually thereafter, the Secretary of Labor, in consultation with the Secretary of Education, shall prepare and submit to Congress a re- port describing the activities conducted under this section and evaluating the effectiveness of such activities in achieving the purposes of this section.
SEC.

5.

RESEARCH, EDUCATION, AND OUTREACH.
(a) IN GENERAL.—Not later than 18 months after the date of enactment of this Act, and periodically there- after, the Secretary of Labor shall conduct studies and provide information to employers, labor organizations, and the general public concerning the means available to elimi- nate pay disparities between men and women (including women who are Asian American, Black or African-Amer- ican, Hispanic American or Latino, Native American or Alaska Native, Native Hawaiian or Pacific Islander, and White American), including— 24 25 (1) conducting and promoting research to de- velop the means to correct expeditiously the condi- H7 HR 7 PCS 14 tions leading to the pay disparities, with specific at- tention paid to women and girls from historically underrepresented and minority groups; (2) publishing and otherwise making available to employers, labor organizations, professional asso- ciations, educational institutions, the media, and the general public the findings resulting from studies and other materials, relating to eliminating the pay disparities; (3) sponsoring and assisting State, local, and community informational and educational programs; (4) providing information to employers, labor organizations, professional associations, and other interested persons on the means of eliminating the pay disparities; and (5) recognizing and promoting the achievements of employers, labor organizations, and professional associations that have worked to eliminate the pay disparities.
(b) RESEARCH ON GENDER PAY GAP IN TEENAGE LABOR FORCE.— 22 23 24 25 (1) RESEARCH REVIEW.—Not later than 12 months after the date of the enactment of this Act, the Secretary of Labor, acting through the Director of the Women’s Bureau, shall conduct a review and H7 HR 7 PCS 15 develop a synthesis of research on the gender wage gap among younger workers existing as of the date of enactment of this Act, and shall make such review and synthesis available on a publicly accessible website of the Department of Labor.
(2) AUTHORITY TO COMMISSION STUDIES.—Not later than 36 months after the date of the enact- ment of this Act, the Secretary of Labor, acting through the Director of the Women’s Bureau, shall request proposals and commission studies that can advance knowledge on the gender wage gap among younger workers, and shall make such studies avail- able on a publicly accessible website of the Depart- ment of Labor.

SEC.

6.

ESTABLISHMENT OF THE NATIONAL AWARD FOR PAY EQUITY IN THE WORKPLACE.
(a) IN GENERAL.—There is established the National Award for Pay Equity in the Workplace, which shall be awarded by the Secretary of Labor in consultation with the Equal Employment Opportunity Commission, on an annual basis, to an employer to encourage proactive ef- forts to comply with section 6(d) of the Fair Labor Stand- ards Act of 1938 (29 U.S.C.

206(d)), as amended by this Act.
HR 7 PCS H7 16 (b) CRITERIA FOR QUALIFICATION.—The Secretary of Labor, in consultation with the Equal Employment Op- portunity Commission, shall— (1) set criteria for receipt of the award, includ- ing a requirement that an employer has made sub- stantial effort to eliminate pay disparities between men and women and deserves special recognition as a consequence of such effort; and (2) establish procedures for the application and presentation of the award.
(c) BUSINESS.—In this section, the term ‘‘employer’’ includes— (1)(A) a corporation, including a nonprofit cor- poration; (B) a partnership; (C) a professional association; (D) a labor organization; and (E) a business entity similar to an entity de- scribed in any of subparagraphs (A) through (D); (2) an entity carrying out an education referral program, a training program, such as an apprentice- ship or management training program, or a similar program; and H7 HR 7 PCS 17 (3) an entity carrying out a joint program, formed by a combination of any entities described in paragraph (1) or (2).
SEC.

7.

COLLECTION OF PAY INFORMATION BY THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.

Section 709 of the Civil Rights Act of 1964 (42 U.S.C.

2000e–8) is amended by adding at the end the fol- lowing: ‘‘(f)(1) Not later than 24 months after the date of enactment of this subsection, the Commission shall pro- vide for the annual collection from employers of compensa- tion data disaggregated by the sex, race, and national ori- gin of employees.
The Commission may also require em- ployers to submit other employment-related data (includ- ing hiring, termination, and promotion data) so 16 disaggregated.

17 ‘‘(2) In carrying out paragraph (1), the Commission shall have as its primary consideration the most effective and efficient means for enhancing the enforcement of Fed- eral laws prohibiting pay discrimination.
The Commission shall also consider factors including the imposition of bur- dens on employers, the frequency of required reports (in- cluding the size of employers required to prepare reports), appropriate protections for maintaining data confiden- tiality, and the most effective format to report such data.
H7 HR 7 PCS 18 ‘‘(3)(A) For each 12-month reporting period for an employer, the data collected under paragraph (1) shall in- clude compensation data disaggregated by the categories described in subparagraph (E).
‘‘(B) For the purposes of collecting the disaggregated compensation data described in subparagraph (A), the Commission may use compensation ranges reporting— ‘‘(i) the number of employees of the employer who earn compensation in an amount that falls with- in such compensation range; and ‘‘(ii) the total number of hours worked by such employees.
‘‘(C) If the Commission uses compensation ranges to collect the pay data described in subparagraph (A), the Commission may adjust such compensation ranges— ‘‘(i) if the Commission determines that such ad- justment is necessary to enhance enforcement of Federal laws prohibiting pay discrimination; or ‘‘(ii) for inflation, in consultation with the Bu- reau of Labor Statistics.
‘‘(D) In collecting data described in subparagraph (A)(ii), the Commission may provide that, with respect to an employee who the employer is not required to com- pensate for overtime employment under section 7 of the H7 HR 7 PCS 19 Fair Labor Standards Act of 1938 (29 U.S.C.
207), an employer may report— ‘‘(i) in the case of a full-time employee, that such employee works 40 hours per week, and in the case of a part-time employee, that such employee works 20 hours per week; or ‘‘(ii) the actual number of hours worked by such employee.
‘‘(E) The categories described in this subparagraph shall be determined by the Commission and shall in- 11 clude— ‘‘(i) race; ‘‘(ii) national origin; ‘‘(iii) sex; and ‘‘(iv) job categories, including the job categories described in the instructions for the Equal Employ- ment Opportunity Employer Information Report EEO–1, as in effect on the date of the enactment of this subsection.
‘‘(F) The Commission shall use the compensation data collected under paragraph (1)— ‘‘(i) to enhance— ‘‘(I) the investigation of charges filed under section 706 or section 6(d) of the Fair H7 HR 7 PCS 20 Labor Standards Act of 1938 (29 U.S.C.
206(d)); and ‘‘(II) the allocation of resources to inves- tigate such charges; and ‘‘(ii) for any other purpose that the Commission determines appropriate.

‘‘(G) The Commission shall at 18-month intervals make publicly available aggregate compensation data col- lected under paragraph (1) for the categories described in subparagraph (E), disaggregated by industry, occupation, and core based statistical area (as defined by the Office of Management and Budget).
‘‘(4) The compensation data under paragraph (1) shall be collected from each employer that— ‘‘(A) is a private employer that has 100 or more employees, including such an employer that is a contractor with the Federal Government, or a sub- contractor at any tier thereof; or ‘‘(B) the Commission determines appropriate.’’.

SEC.

8.

REINSTATEMENT OF PAY EQUITY PROGRAMS AND PAY EQUITY DATA COLLECTION.
(a) BUREAU OF LABOR STATISTICS DATA COLLEC- TION.—The Commissioner of Labor Statistics shall con- tinue to collect data on women workers in the Current Employment Statistics survey.
H7 HR 7 PCS 21 (b) OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS INITIATIVES.—The Director of the Office of Federal Contract Compliance Programs shall collect com- pensation data and other employment-related data (in- cluding, hiring, termination, and promotion data) by de- mographics and designate not less than half of all non- construction contractors each year to prepare and file such data, and shall review and utilize the responses to such data to identify contractors for further evaluation and for other enforcement purposes as appropriate.
(c) DEPARTMENT OF LABOR DISTRIBUTION OF WAGE DISCRIMINATION INFORMATION.—The Secretary of Labor shall make readily available (in print, on the De- partment of Labor website, and through any other forum that the Department may use to distribute compensation discrimination information), accurate information on com- pensation discrimination, including statistics, explanations of employee rights, historical analyses of such discrimina- tion, instructions for employers on compliance, and any other information that will assist the public in under- standing and addressing such discrimination.
H7 HR 7 PCS 22 SEC.

9.

PROHIBITIONS RELATING TO PROSPECTIVE EM- PLOYEES’ SALARY AND BENEFIT HISTORY.

(a) IN GENERAL.—The Fair Labor Standards Act of 1938 (29 U.S.C.

201 et seq.)

is amended by inserting after section 7 the following new section: ‘‘SEC.

8.

REQUIREMENTS AND PROHIBITIONS RELATING TO WAGE, SALARY, AND BENEFIT HISTORY.
‘‘(a) IN GENERAL.—It shall be an unlawful practice for an employer to— ‘‘(1) rely on the wage history of a prospective employee in considering the prospective employee for employment, including requiring that a prospective employee’s prior wages satisfy minimum or max- imum criteria as a condition of being considered for employment; ‘‘(2) rely on the wage history of a prospective employee in determining the wages for such prospec- tive employee, except that an employer may rely on wage history if it is voluntarily provided by a pro- spective employee, after the employer makes an offer of employment with an offer of compensation to the prospective employee, to support a wage higher than the wage offered by the employer; ‘‘(3) seek from a prospective employee or any current or former employer the wage history of the prospective employee, except that an employer may 26 H7 HR 7 PCS 23 seek to confirm prior wage information only after an offer of employment with compensation has been made to the prospective employee and the prospec- tive employee responds to the offer by providing prior wage information to support a wage higher than that offered by the employer; or ‘‘(4) discharge or in any other manner retaliate against any employee or prospective employee be- cause the employee or
 prospective employee— ‘‘(A) opposed any act or practice made un- lawful by this section; or ‘‘(B) took an action for which discrimina- tion is forbidden under section 15(a)(3).
‘‘(b) DEFINITION.—In this section, the term ‘wage history’ means the wages paid to the prospective employee by the prospective employee’s current employer or previous employer.’’.

18 19 (b) PENALTIES.—Section 16 of such Act (29 U.S.C.
216) is amended by adding at the end the following new 20 subsection: 21 ‘‘(f)(1) Any person who violates the provisions of sec- 22 tion 8 shall— 23 24 25 ‘‘(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 H7 HR 7 PCS 24 ‘‘(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 attor- neys’ fees, and shall be subject to such injunctive re- lief as may be appropriate.
‘‘(2) An action to recover the liability described in paragraph (1)(B) may be maintained against any em- ployer (including a public agency) in any Federal or State court of competent jurisdiction by any one or more em- ployees or prospective employees for and on behalf of— ‘‘(A) the employees or prospective employees; and ‘‘(B) other employees or prospective employees similarly situated.’’.

SEC.

10.

NATIONAL EQUAL PAY ENFORCEMENT TASK FORCE.


(a) IN GENERAL.—There is established the National Equal Pay Enforcement Task Force, consisting of rep- resentatives from the Equal Employment Opportunity Commission, the Department of Justice, the Department of Labor, and the Office of Personnel Management.
(b) MISSION.—In order to improve compliance, public education, and enforcement of equal pay laws, the Na- tional Equal Pay Enforcement Task Force will ensure that H7 HR 7 PCS 25 the agencies in subsection (a) are coordinating efforts and limiting potential gaps in enforcement.
(c) DUTIES.—The National Equal Pay Enforcement Task Force shall investigate challenges related to pay in- equity pursuant to its mission in subsection (b), advance recommendations to address those challenges, and create action plans to implement the recommendations.

SEC.

11.

AUTHORIZATION OF APPROPRIATIONS.

(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as may be necessary to carry out this Act.
(b) PROHIBITION ON EARMARKS.—None of the funds appropriated pursuant to subsection (a) for purposes of the grant program in section 5 of this Act may be used for a congressional earmark as defined in clause 9(e) of rule XXI of the Rules of the House of Representatives.

SEC.

12.

SMALL BUSINESS ASSISTANCE.

(a) EFFECTIVE DATE.—This Act and the amend- ments made by this Act shall take effect on the date that is 6 months after the date of enactment of this Act.
(b) TECHNICAL ASSISTANCE MATERIALS.—The Sec- retary of Labor and the Commissioner of the Equal Em- ployment Opportunity Commission shall jointly develop technical assistance material to assist small enterprises in H7 HR 7 PCS 26 complying with the requirements of this Act and the amendments made by this Act.
(c) SMALL BUSINESSES.—A small enterprise shall be exempt from the provisions of this Act, and the amend- ments made by this Act, to the same extent that such en- terprise is exempt from the requirements of the Fair Labor Standards Act of 1938 (29 U.S.C.

201 et seq.)

pur- suant to clauses (i) and (ii) of section 3(s)(1)(A) of such Act (29 U.S.C.

203(s)(1)(A)).

SEC.

13.

NOTICE REQUIREMENTS.


(a) IN GENERAL.—Each employer shall post and keep posted, in conspicuous places on the premises of the employer where notices to employees are customarily post- ed, a notice, to be prepared or approved by the Equal Em- ployment Opportunity Commission and the Secretary of Labor, of the requirements described in this Act (or the amendments made by such Act).
(b) RELATION TO EXISTING NOTICES.—The notice under subsection (a) may be incorporated into notices re- quired of the employer as of the date of enactment of this Act.
22 23 24 25 (c) DIGITAL NOTICE.—With respect to the notice under subsection (a), each employer shall— (1) post electronic copies of the notice on an in- ternal website to which employees have access; and H7 HR 7 PCS 27 (2) notify employees on such internal website of the location of the place on the premises where the notice is posted.
SEC.

14.

RULE OF CONSTRUCTION.

Nothing in this Act, or in any amendments made by this Act, shall affect the obligation of employers and em- ployees to fully comply with all applicable immigration laws, including being subject to any penalties, fines, or other sanctions.

SEC.

15.

SEVERABILITY.


If any provision of this Act, an amendment made by this Act, or the application of that provision or amend- ment to particular persons or circumstances is held invalid or found to be unconstitutional, the remainder of this Act, the amendments made by this Act, or the application of that provision to other persons or circumstances shall not be affected.

Passed the House of Representatives April 15, 2021.

Attest: CHERYL L. JOHNSON, Clerk.
Attest: CHERYL L. JOHNSON, Clerk H7 HR 7 PCS , 2 0 2 1 1 S T S E S S I O N 1 1 7 T H C O N G R E S S H .

R .

7 b a s i s o f s e x , a n d f o r o t h e r p u r p o s e s .
.

 H7