I 
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) in-
troduced the following bill; which was referred to the Committee on Edu-
cation 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 Representa-
tives 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’’. 
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SEC. 2. 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 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 requir-
ing that a prospective employee’s previous wages or 
salary histories, including benefits or other com-
pensation, satisfy minimum or maximum criteria, or 
request or require as a condition of being inter-
viewed, or as a condition of continuing to be consid-
ered 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 pro-
spective employee from any current or former em-
ployer of such employee; or 
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‘‘(3) discharge or in any other manner retaliate 
against any employee or prospective employee be-
cause the employee— 
‘‘(A) opposed any act or practice made un-
lawful by this section or made or is about to 
make a complaint relating to any act or prac-
tice 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 sec-
tion 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 ex-
ceed $10,000; and 
‘‘(B) be liable to each employee or prospec-
tive employee who was the subject of the viola-
tion for special damages not to exceed $10,000 
plus attorneys’ fees, and shall be subject to 
such injunctive relief as may be appropriate. 
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‘‘(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 in behalf of him-
self or themselves and other employees similarly situ-
ated.’’. 
Æ 
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