‘‘(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 
‘‘(B) be liable to each employee or prospective 
employee who was the subject of the violation for spe-
cial damages not to exceed $10,000 plus attorneys’ 
fees, and shall be subject to such injunctive relief 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 employ-
ees 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. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated such sums as may be nec-
essary 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. 
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SEC. 11. SMALL BUSINESS ASSISTANCE. 
(a) EFFECTIVE DATE.—This Act and the amendments 
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 
complying with the requirements of this Act and the amend-
ments made by this Act. 
(c) SMALL BUSINESSES.—A small enterprise shall be 
exempt from the provisions of this Act, and the amendments 
made by this Act, to the same extent that such enterprise 
is exempt from the requirements of the Fair Labor Stand-
ards Act of 1938 (29 U.S.C. 201 et seq.) pursuant to clauses 
(i) and (ii) of section 3(s)(1)(A) of such Act (29 U.S.C. 
203(s)(1)(A)). 
SEC. 12. 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. 13. SEVERABILITY. 
If any provision of this Act, an amendment made by 
this Act, or the application of that provision or amendment 
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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 af-
fected. 
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Union Calendar No. 2 
117TH CONGRESS 
1ST SESSION 
H. R. 7 
[Report No. 117–13] 
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. 
APRIL 5, 2021 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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