Amends the Fair Labor Standards Act of 1938 ("the Act") to provide that an employer who violates the minimum wage or overtime provisions of the Act shall be liable to the Secretary of Labor for each affected employee, in an amount three times the unpaid minimum wages or unpaid overtime compensation.
Provides that first-time violators shall only be liable for the unpaid minimum wages or unpaid overtime compensation, plus interest on such amount.
Exempts violators of the Equal Pay Act provisions of the Act from such liability.
Authorizes the Secretary, on behalf of the employees affected by the violation, to maintain an action to recover such liability against any employer (including a public agency) in any Federal or State court of competent jurisdiction. Directs the Secretary, from amounts recovered or settlements made, to pay: (1) each affected employee the amount of unpaid minimum wages or unpaid overtime compensation, plus interest; and (2) the remainder into the Treasury. Sets forth provisions relating to statutes of limitations for such actions.
Makes violators of the Equal Pay Act provisions of the Act liable to the affected employees in the amount of their unpaid minimum wages and in an additional equal amount as liquidated damages.
Makes employers who violate the minimum wage or overtime provisions (other than Equal Pay Act provisions) of the Act liable to the affected employees for damages equal to the amount of their unpaid minimum wages or unpaid overtime compensation.
Makes employers who violate specified employment discrimination provisions of the Act liable for appropriate legal or equitable relief, including employment, reinstatement, promotion, and the payment, of wages lost and an additional equal amount as liquidated damages.
Allows any one or more employees, for and in behalf of themselves and other employees similarly situated, to maintain an action to recover such liability damages against any employer (including a public agency) in any Federal or State court of competent jurisdiction. Sets forth provisions relating to: (1) filing of written consent of employees to be party plaintiffs; (2) awards of attorney fees and court costs; and (3) termination of rights to bring or be a party plaintiff in such actions upon the filing of other specified types of complaints.
Replaces specified references to the Secretary with references to the Equal Employment Opportunity Commission, in order to recognize the authority of the Commission to supervise the payment of the unpaid minimum wages or the unpaid compensation owing to employees under Equal Pay Act provisions of the Act. Authorizes the Commission to commence actions in any Federal or State court of competent jurisdiction for the amount of the unpaid minimum wages or unpaid overtime compensation and an equal amount in damages. Provides that the bringing of such actions shall terminate the rights of affected employees to maintain specified other actions for damages under the Act for Equal Pay Act violations.
Subjects to a civil penalty of up to $10,000, assessed by the Secretary, any person who: (1) willfully violates specified recordkeeping provisions relating to certain violations; or (2) violates such provisions after receiving a notice from the Secretary of a violation of such provisions.
Amends the Age Discrimination in Employment Act of 1967 to provide that the enforcement provisions of the Act which were in effect on January 1, 1982, shall apply to violations of such Act.
Introduced in House
Introduced in House
Referred to House Committee on Education and Labor.
Executive Comment Requested from Labor.
Referred to Subcommittee on Labor Standards.
Subcommittee Hearings Held.
Subcommittee Hearings Held.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee (Amended).
Committee Consideration and Mark-up Session Held.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended).
Reported to House (Amended) by House Committee on Education and Labor. Report No: 97-909.
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Reported to House (Amended) by House Committee on Education and Labor. Report No: 97-909.
Placed on Union Calendar No: 569.