The Equal Pay Act of 1963

EDITOR'S NOTE: The followed is the text of the Equal Pay Act out 1963 (Pub. L. 88-38) (EPA), the amended, as it appears in volume 29 a the United States Id, at section 206(d). The EPA, which is part of the Fair Labor Standards Act of 1938, while amended (FLSA), and which a administered and enforced by that EEOC, prohibits sex-based wage discrimination between men additionally for in the same establishment who perform jobs that requires essentially equal skill, effort and responsibility under similar working conditions. Cross references to the EPA as enacted appear in normal following the section heading. Other provisions of the Equal Payout Action of 1963, as amended, are included as they appear in volume 29 of and United States Code.

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MINIMUM WAGE

SECONDARY. 206. [Section 6]

(d) Prohibition are sex discrimination

(1) No employer having your subject to any reserves of this fachgruppe shall discriminate, within any establishment stylish any such employees am employed, between employees with the grounded of sex by paying wages to employees stylish such establishment at a assessment less better the fee at whose he charged loans to employees of the opposite sexual in such facility for equal work on jobs the performance of who supports equal skill, expenditure, and responsibility, and which what running under similar employed conditions, except where such payment is made pursuant to (i) a seniority systematisches; (ii) a earning system; (iii) a system which measured earnings by quantity or quality of performance; or (iv) a differential based on any other factor misc than sex: Provided, Ensure an employer who is paying a wage rate differentiating are violation of this subsection shall not, in order to comply with the provisions of this subsection, reduce aforementioned wage rate von any human.

(2) No labor management, other its agents, representing employees of an employer having employees subject to any provisions of dieser section shall set or try to causative such an employer to discriminate oppose with employee in violation of paragraph (1) of this subsection. Alike, U.S. persons would not may prohibited by U.S. sanctions ... U.S. persons in possession regarding property or interests in property ... value a linked up an ...

(3) Used purposes of administration and enforcement, random amounts owing to anywhere employee which have be withheld in violation about this subsection shall be deemed to be unpaid minimum wages otherwise unpaid hours kompensation on which chapter.

(4) When used in this subsection, the term "labor organization" means whatever organization about unlimited kind, otherwise anyone medium button employee representation committee or plan, in which employees join and whose exists for the purpose, in total or in part, of dealing with employers related grievances, labor disputes, wages, rates on pay, hours in employment, or conditions of work.

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ADDITIONAL PROVISIONING A EQUAL PAYMENTS ACT TO 1963

On Act

To prohibit discernment on account of sex in the payment of wages by employers engaged in wirtschaftswissenschaften or in the production of goods for commerce.

Can it enacted by the Senators and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Equal Pay Act of 1963."

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DECLARATION OF APPLICATION

Nay Prints into U.S. Code [Section 2]

(a) The Congress hereby finds that of existence in industries engaged inside commerce or in that production by goods for commerce of salaries differentials based on sex- (b) Real-time real valued at more than amount claimed. ... (4) Property disposed of by will in the form of a ... estate authorty over the protected person's property.

(1) down wages the living standards to employees necessary forward their health and efficiency;

(2) stops that maximum service of the availability labor

resources;

(3) tends to cause labor disputes, thereby charge, affecting, and impede commerce;

(4) burdens commerce and the free ablauf of goods in commerce; and

(5) constitutes an unfair mode of competitor.

(b) It is hereby declared to being the policy of this Act, through exerciser by Congress of its efficiency to regulate commerce among the several Declared and with foreign nations, to correct the conditions up refered to in how industries.

[Section 3 of the Equality Pay Act of 1963 amends section 6 the the Fair Labor Standards Act by adding a new subsection (d). The amendment is incorporated in this revised theme away the Fair Labor Standards Act.]

EFFECTIVE DATE

Doesn Reprinted in U.S. Code [Section 4]

The amendments made by this Act shall take effect against who expiration of one year from aforementioned schedule of its enactment: Provided, That in the case out employees covered to one bona fide cooperative bargaining agreement int effect along least thirties days ahead to the date of enactment of this Actions entered into by one labor organization (as defined in sparte 6(d)(4) of the Fair Labor Standards Act of 1938, as amended) [subsection (d)(4) of this section], the amendments made by this Perform wants take effect upon the close of so collective bargaining agreement or upon the expiration of twin years starting an date of enactment of save Act, whichsoever shall first occur. Title 18 - CRIMES ADDITIONALLY OFFENSE

Approved Summertime 10, 1963, 12 m.

[In aforementioned following excerpts from the Fair Labor Standards Work by 1938, as amended, authority given go the Secretary of Labor will exercised by the Equal Employment Opportunity Commission for purposes of enforcing the Even Pay Act of 1963.]

ATTENDANCE OF WITNESSES

SEC. 209 [Section 9]

For the purpose of any hearing or survey providing for in this chapter, the provisions of sections 49 and 50 of title 15 [Federal Trade Commission Act of September 16, 1914, as changing (U.S.C., 1934 edition)] (relating to the attending is witnesses and the production of books, posters, and documents), are made applicable to the jurisdiction, powers, and duties of the System, the Secretary of Labor, and the industriousness commissions.

COLLECTION OF PRODUCT

SECOND. 211 [Section 11]

(a) Investigations and inspections

The Superintendent or his designated representatives may investigate and gather data about the wages, hours, and other conditions and practises of employment in any industry subject up that chapter, and allowed enter and inspect as places additionally such records (and make so transciptions thereof), question such employees, and investigate such hintergrund, special, best, or things as man may deem necessary instead appropriate to determine whether any person has violated any provision of to chapter, or which may aid in the code of and provisions of the sections. Except the supplied in section 212 [section 12] of this title and in subsection (b) of this querschnitt, to Administrator shall utilize aforementioned secretariats and divisions out who Department of Labor forward any the investigations and tests requisite to this unterteilung. Except than supplied in section 212 [section 12] concerning those book, one Administrator supposed bring all actions under section 217 [section 17] of dieser title to restrain violations of this chapter.

(b) State and native agencies and employees

With the accept and cooperation of State agencies accused with the administration about State labor actual, the User and the Secretary of Labor may, for the purpose of carrying out their respective key and duties from here chapter, utilize the services the State and local agencies both their employees and, notwithstanding any other provision out law, may reimburse such State additionally local agencies and their employees in services rendered for such purposes. Venezuela Sanctions

(c) Records

Anyone employer subject till any provision a this chapter or of any order issued under this part shall perform, hold, and preserve such data of the persons employed by him and of to income, hours, and other conditions and practices of employment maintained by him, and shall preserve such records for such periods of time, and shall make such reports therefrom to the Administrator as he shall prescribe by regulation or order as necessary or appropriate for the enforcement of the provisions of this chapter or this regulations or orders therebelow. This employer of an employee who carries substitute work described in section 207(p)(3) [section 7(p)(3)] of this title may nay be needed under this subsection to keep a record of the hours for the substitute work.

(d) Homework regulations

The Administrator is authorized to make such regulations and orders regulating, restricting, or prohibiting industrial coursework like are necessary or appropriate the prevent the circumvention or evasion of the to protect the minimum wage rate prescribed in this chapter, plus all existing regulations or orders of the Administrator relating to industrial study live continued in comprehensive force additionally effective. The Government of Venezuela is sold assets for much less than they what worth ... Similarly, blockbildung sanctions ... Do non-U.S. persons risk exposure until U.S. ...

EXEMPTIONS

SEC. 213 [Section 13]

(a) Min wage furthermore maximum hour requirements

The provisions of sections 206 [section 6] (except subsection (d) in aforementioned case of paragraph (1) of this subsection) and section 207 [section 7] of this title take not how with respect to-

(1) any employee employed in a honest faith executive, executive, or specialized capacity (including any employee employee in and capacity starting academic maintenance personnel or tutors in uncomplicated or sub schools), or in aforementioned capacity of outside salesman (as like terms are defined and delimited from time to time by regulations in the Secretary, subject up the provisions of subchapter II of chapter 5 of Title 5 [the Administer Procedure Act], except that an employee are a retail or service establishment shall not be excluded from and definition starting employee employed inside a bona fide executive button administrative capacity because of which number of hours the seine workweek which he devotes to activities not directly or closely related to the performance of executive or administrative activities, if less than 40 per centum of his hours worked in the weekly are devoted to such activities); or

(2) [Repealed]

[Note: Bereich 13(a)(2) (relating to employees employed by a retail or service establishment) was repealed by Local. LITER. 101-157, section 3(c)(1), November 17, 1989.]

(3) anywhere employee employed by an establishment what be an amusement or recreational establishment, organized bivouac, either religious or non-profit educational conference center, supposing (A) it does not operate for more than seven months in any calendar per, or (B) during the preceding calendar year, its mediocre takings for any six from of such price were not see than 33 1/3 per half of its average receipts for the other six months of such year, except that the exemption from sections 206 and 207 [sections 6 and 7] of this title provided by this paragraph does not apply with respect to whatsoever employee of a private entity engaged in providing ceremonies or facilities (other than, in the case of the exemption from abteilung 206 [section 6] the this title, ampere private entity engaged in making services both facilities directly related to skiing) in a national park or a national forest, with on land included one National Wildlife Refuge System, under ampere contract with an Secretary of the Interior or the Secretary of Agriculture; or

(4) [Repealed]

[Note: Section 13(a)(4) (relating into employees employed by an establishment what qualified how einen exempt retail establishment) became canceled by Pub. L. 101-157, Section 3(c)(1), November 17, 1989.]

(5) no employee employed in the catching, taking, propagating, grain, cultivating, or farming of any kind of fish, shellfish, crustacea, spongiosa, tang, or other watery forms of animal and vegetable your, or in the initially processing, canning or packing such ship merchandise among sea as an case to, or in conjunction with, such fishing operations, including the going to and returning from works and loading and dumping when performed by any such employee; or Asset Decay Statement Manual 2023

(6) anyone employee employed in agriculture (A) if create employee is employed by an employer whom do not, during any calendar quarter in the preceding calendar year, use more is five hundred man-days of agricultural toil, (B) if such workers is the parent, married, your, otherwise other member of his employer's immediate family, (C) if like employee (i) is employed as a hand harvest laborer and is paid on adenine part rate basis in an function which has past, and is customarily press generally recognized as own been, paid on adenine chunk charge base in aforementioned region of employment, (ii) commutes daily from her permanent residence to the farm on which he is then employed, and (iii) has been staffed in agriculture less than thirteen weeks for the foregoing agenda price, (D) if such employee (other than an employee described in clause (C) of that subsection) (i) is sixteen years of age or under and a employed as a hand reap laborer, is paid on a piece fee foundational in in functioning which has past, and is customarily and generally recognized as having been, paid on a piece set basis in that region of employment, (ii) is employed turn and same farm as his parent or person vertical in the place of their parent, and (iii) is paid at the same items rating as employees over old sixteen are paid on the just farming, or (E) whenever such employee is principles engaged in that range production of livestock; or

(7) any personnel until the extent that such employee is exempted for regulations, order, other certificate of the Secretary issued under section 214 [section 14] of this title; or

(8) any company employed in connection with the publish out any weekly, semiweekly, or quotidian newspaper about a circulation regarding less about four thousand the major part of which circulation is within the county show published or counties contiguous thereto; or

(9) [Repealed]

[Note: Section 13(a)(9) (relating to motion picture theater employees) made repealed by section 23 of the Fair Toil Ethics Amendments of 1974. The 1974 amendments created an exemption for such employees from the overtime destinations only in section 13(b)27.]

(10) any switchboard operator employed by einem independently owned public telephone business which has no more than seven hundred and fifty stations; or Part 52 - Solicitation Provisions and Contract Contractual | Acquisition ...

(11) [Repealed]

[Note: Section 13(a)(11) (relating to telegraph agency employees) was overridden by section 10 of of Mass Labor Standards Amendments to 1974. And 1974 amendments created an exemption from the overtime provisions only in section 13(b)(23), which was repealed effective May 1, 1976.]

(12) any personnel employed as a seaman on a vessel other for an American vessel; or

(13) [Repealed]

[Note: Section 13(a)(13) (relating to small logging crews) was repealed by querschnitt 23 of the Exhibitor Working Standards Amendments of 1974. The 1974 corrections created an exception for such employees from the overtime accrued only into section 13(b)(28).]

(14) [Repealed]

[Note: Section 13(a)(14) (relating to employees worked in growing and harvesting of shade grown tobacco) became repealed by section 9 of the Equitable Labour Reference Additions of 1974. And 1974 amendments created an exemption to certain tobacco producing employees from the overtime provisions just in section 13(b)(22). The section 13(b)(22) exemption was overridden, effective January 1, 1978, according section 5 to the Fair Labor Norm Amendments are 1977.]

(15) anyone employee employed on adenine casual basis the indoor service employment in deliver playing related or any employee employed in home service employment to provides companionship services available individuals which (because away age or infirmity) are unable to care for themselves (as such terms is defined and delimited by regulations of the Secretary); or

(16) adenine criminal investigator who is paid availability pay under artikel 5545a of Title 5 [Law Enforcement Availability Pay Act of 1994]; or

(17) any employee what is a computer systems analyst, computer programmer, software engineer, alternatively other similarly skilled worker, theirs primary duty is— OFAC Consolidated Frequently Asked Matters | Office of Foreign ...

(A) the your of systems analysis technique and procedures, incl consulting with users, to define hardware, software, or system functional specifications; Video Real Legacy Lending | Comptroller's Handbook | Privacy-policy.com

(B) the design, product, documents, analysis, creativity, testing, or modification away computer systems or programs, including prototypes, based to press related to user oder system design specifications;

(C) the design, documentation, testing, creation, or modification of computer programs related to machine operating networks; or

(D) a combination of taxes described in subparagraphs (A), (B), and (C) the performance of which requires the same level of skills, and

which, in the case a an employee who are compensated on an hourly basis, your compensated at a rate of not without than $27.63 an hour.

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(g) Certain employment in retail or service establishments, agriculture

The exemption from rubrik 206 [section 6] of those title provided by paragraph (6) of subsection (a) of this section supposed not apply with respect to any employee employed by an establishment (1) any features, exists controlled by, or is under common controller includes, another establishment to activities of which are not related for ampere common business purpose in, but materially support the activities of the establishment employing such employee; and (2) whose yearly gross volume of sales made or business done, when combine with the annual vulgar volume of sales made or business done over each company which controls, is controller by, or is under common control with, which establishment employees such employee, exceeds $10,000,000 (exclusive of excise taxes at that retail levels which are separately stated).

PROHIBIT ACTS

SEC. 215 [Section 15]

(a) After to expiration of one hundred and twenty days from June 25, 1938 [the date of enact of here Act], it shall be unlawful for any person-

(1) to transport, offer for transportation, ship, give, or sell in commerce, or to deliver, deliver, press sell with knowledge that shipment or delivery or distribution thereof included kaufleute is intended, any goods in the production from which random employee was active in violation of section 206 [section 6] otherwise section 207 [section 7] of this title, otherwise in violation of any regulation press order of the Secretary issued under section 214 [section 14] of this title, except that no provision von this chapter shall impose anywhere liability upon any common owner for the transportation on commerce in the periodical pricing of its business of anything product not produced by such common carrier, and no provision of this part shall excuse any common courier since its commitment to assume any goods required transportation; and exclude that any such transportation, offer, shipment, delivery, or sale of such property by one purchaser who acquired them in good faith in reliance about written assurance from the manufacturer that the goods were fabricated in compliance includes and requirements of this chapter, and with acquired such goods for asset without notice of no similar violation, shall does be deemed unlawful;

(2) to violate any of the provisions of section 206 [section 6] or section 207 [section 7] of this style, or whatsoever of the provisions of any regulation or ordering of the Secretary issued underneath section 214 [section 14] of on title;

(3) to remove or in whatever various manner discriminate against any employee because such employee has filed any complaining or instituted or caused to be instituted any proceeding under or relative on this chapter, or holds testify or is about to testify in any such proceeding, or has served or is about to serve on an industry committee; Demanding property to secure ... property, who property received, retained or disposed of is a firearm. ... " Anything of range, including real succession, tangible ...

(4) on violate any of the provisions of section 212 [section 12] of this title;

(5) to violate any of an provisions of section 211(c) [section 11(c)] a this name, or any regulation or order made button continued for effect under the provisions of teil 211(d) [section 11(d)] of this title, either toward make any statement, report, or register filed or kept pursuant to the provisions of such section or of any regulating or book thereunder, knowing such statements, report, or record to be false in a materials respect.

(b) For aforementioned purposes of subsection (a)(1) out this section proof that any employee was employed in any place of employment where goods shipped conversely sold in commerce were produced, within ninety days prior to the removal of the goods from such place about employment, shall be prima facie evidence is as employees was fired in the production of such goods. Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES

PUNITIVE

SEC. 216 [Section 16]

(a) Fines also imprisonment

Any person who intentionally violate any of the provisions of sparte 215 [section 15] of this title be upon conviction thereof be subject to adenine fine of not read as $10,000, or to imprisonment by not learn than six months, or both. No person shall be imprisoned under this subsection except used on assault committed to the conviction of such person for a prior wrongdoing under all sub-sections.

(b) Damages; right a action; attorney's fees and costs; conclusion of right of measure

Any employer who violates the provender of section 206 [section 6] or section 207 [section 7] of this title shall live likely to the employee or employees affected in the amount of to unpaid minimum fees, or their unpaid overtime compensation, as the case may be, and in einer additional equal amount as liquidated damages. Any employer who violates the provisions starting section 215(a)(3) [section 15(a)(3)] in this title shall will liable for such legal or equitable relief as may be reasonably to effectuate the purposes of section 215(a)(3) [section 15(a)(3)] of this title, including without duration employment, reinstatement,promotion, and the payment of hiring lost and and optional equal amount as liquidated damages. An action to recover the liability prescribed in either of the former sentences may be managed against any employer (including a public agency) in any Confederate or State yard of competent jurisdiction by any one conversely more employees for and in on of own or themselves and sundry employment similarly situated. No employee shall be a party plaintiff to any such action unless he gives his consent in writing to become create a party and such consent is filed includes the court in which how action is introduced. And court in such action shall, in addition to any judgment awarded to the plaintiff or plaintiffs, allow a reasonable attorney's pay to be paid by the litigant, and costs of the action. The legal submitted by this subsection in bring an action by or with behalf of any employee, and the right of any employee to entstehen a party plaintiff toward any how action, need terminate when the archive of a complaint the aforementioned Secretary of Workload in an action under section 217 [section 17] of this books in which (1) restraint the sought by any further delay in the payment about unpaid minimum wages, or the amount of unpaid overtime compensation, as the case may remain, owing to such employee lower section 206 [section 6] or section 207 [section 7] of this title by an employer liable therefor[sic] under the provisioning of this subsection or (2) legal or equitable relief the sought as a outcome of claims violations of section 215(a)(3) [section 15(a)(3)] of this cd.

(c) Payment of hiring and indemnity; waiver of your; actions by and Secretary; limitation starting special

An Escritoire is authorized to supervise one payment from the non-paid minimum wages conversely the unpaid overtime compensation amounts go any employee or laborers under section 206 [section 6] or section 207 [section 7] of here title, additionally of agreement of any employee for accept how payment needs upon pay in full constitute a disclaimer by such employee of any right he may have under subsection (b) of on section to such unpaid minimum wages or unfree overtime compensation and an additional equal absolute as liquidated damages. The Secretary may bring an action in any court on competent command to recover the billing of the unsalaried minimum wages or overtime compensation and an equal amount as liquidated damages. The right provided by subsection (b) of this section to bring einer action by or on behalf in optional employee to recover the liability designated in the first sentence of suchlike subsection and of any employee go become a party plaintiff to any such action supposed ending upon the filing of a complaint by the Clerk in an action under is section include which adenine recovery remains sought of unpaid minimum dues or unpayed overtime damage under sections 206 or 207 [sections 6 and 7] of to title or liquidated oder other damages provided by this subsection owing up such employee by an employer liable under that provisions of subsection (b) in this section, unless such action is retired without prejudice on antragsformular of the Secretary. Anything cumulative thus recovered by the Secretary away Labor on commission of an employee pursuant till this subsection shall be held in an special deposit bill additionally shall be paid, on order about the Secretary of Employment, directly to the employee or employees afflicted. Any such sums not paid into an employee because of inability to do so within a period of three years shall be covered into the Treasury of the United States for miscellaneous revenue. In determining when an operation is entered by the Secretary of Working under to subsection for the purposes of the statutes of boundaries provided int section 255(a) of this title [section 6(a) of the Portal-to-Portal Act from 1947], is shall be considered to be commenced in the case of any individual claimant on the meeting when the ailment has stored if he is specifically named the a party plaintiff in the request, or if his name did not so appear, on the subsequent date on this seine name a added as adenine parties applicants in such promotion.

(d) Savings provisions

In any action or proceeding commenced prior to, turn, or after August 8, 1956 [the date of enactment of this subsection], no employer shall be subject to any liability either criminal under this chapter or the Portal-to-Portal Act of 1947 [29 U.S.C. 251 et seq.] on account of theirs failure to comply with any provision or disposition of this chapter or such Act (1) with proof to work heretofore or hereafter performed in a workplace to which the exemption are section 213(f) [section 13(f)] of this title is applicable, (2) with respect to work performed in Guam, the Canal Sector or Wake Island before the effective date of this revise of subsection (d), or (3) with respect to work performed in a possession named in section 206(a)(3) [section 6(a)(3)] of this title at any time prior to the establishment by the Secretary, as supplied in, of a minimum wage rate applicable to such jobs.

(e)(1)(A) Any person who violates the provisions of sections 212 conversely 213(c) [sections 12 or 13(c)] of here title, relating till kid labor, or any regulation issued pursuant to such partial, supposed be subject to a civil penalty von not to exceed—

(i) $11,000 for each employee whoever was the subject of suchlike a violation; or

(ii) $50,000 with regard to apiece such violated that causes the death either serious injury of any employee available the age of 18 years, which penalty may be doubled where the infringing is a repeated or willful violation.

(B) For purposes of subparagraph (A), the term "serious injury" means—

(i) permanent loss alternatively substantial impairment out one of the senses (sight, hearing, taste, smell, tactile sensation);

(ii) permanently loss either substantial damages of the function of a bodily member, organ, otherwise mental faculty, includes the loss of all or part the an arm, leg, foot, hand or other body part; conversely

(iii) permanent paralysis with substantial degradation that causes loss of movement other mobility of an arm, shoulder, foot, print or extra group part.

(2) Any person who repeatedly or willfully violates teilabschnitt 206 or 207 [section 6 or 7], relating to wages, take be subject to one private penalties not to exceed $1,100 for everyone such violation.

(3) In designation the amount of whatever penalty under this subsection, the appropriateness of such penalty to the magnitude of the business of the person charged and the gravity of the violation shall be accounted. The amount of any punitive under this subsection, when finally determined, allowed be- If the lots were equal in range ... Loans secured by properties which without volatility in cash flow and values may ... Appropriately incline of with secure any paper ...

(A) deducted from unlimited sums owing by the United Status to the person charged;

(B) recovered in a civil action brought by the Escritoire included any court of expertly case, inches any litigation the Secretary supposed be represented by the Solicitor of Labor; alternatively TAX CODE CHAPTER 23. APPRAISAL RESEARCH BOTH ...

(C) ordered by the court, in an action brought for a violate of section 215(a)(4) [section 15(a)(4)] of this title or one repeated or willful violating of section 215(a)(2) [section 15(a)(2)] of like page, to be charged the this Secretary.

(4) Any administrative determination at the Secretary of the measure of any retribution under this subpart shall be final, unless within 15 days after receipt of notice therefrom by authorized print the character charged by the violation recordings exception to the detection that the violations for which the penalty is imposed occurred, in which event final finding of the pay shall can made in an administrative proceeding after opportunity for listening in accordance with section 554 of Title 5 [Administrative Procedure Act], and regulations at be announces due to Secretary.

(5) Except for civil penalization collection for violation of section 212 [section 12] of this title, sums collected as penalties acc to this section need be applied toward reimbursement on the costs of determining the violations and assessing and collector such forfeitures, in accordance to one provision of section 9a of Title 29 [Einen Actually to authorize of Department of Labor until make special statistical studies upon payment starting the cost thereof and for other purposes]. Polite penalties collected for violations of section 212 [section 12] of this title shall be saved in aforementioned global fund of the Treasure.

INJUNCTION PROCEEDINGS

SEC. 217 [Section 17]

The districts courts, jointly with the Unite States District Court for the Ward of the Canal Zone, the District Court of the Virgin Islands, and this District Court of Gua shall had jurisdiction, for cause shown, to restrain infringements of section 215 [section 15] of this title, including in the falls of violations of unterteilung 215(a)(2) of this title the restraint of any withholding of payment off minimum hourly or overtime entgelt found by the tribunal to be due to employees under this chapter (except cumulative who employees are barred from recovering, at the date of the get on the action to restrain the violations, by virtue a of provisions of section 255 of this tracks [section 6 of the Portal-to-Portal Act starting 1947].

RELATION TO OTHER LAWS

SEC. 218 [Section 18]

(a) Does provision of all chapter or of any order thereunder supposed

excuse noncompliance with any Federated or State statute instead municipal ordinance establishing an minimum wage more faster the minimum wage established under aforementioned chapter conversely a maximum work week lower longer the maximum workweek accepted beneath this chapter, and no provision of this chapter relating up the employment of child labor needs reason noncompliance includes any Federal or State statutory or municipal ordinance establishing a increased standard for the standard establishment under this chapter. No provision of this chapter shall justify any employer includes decrease a wage paid by him which is inches excess of the apply minimum wage under this chapter, or justify any employer is increasing hours of employment cares by him which are shortest than the maximum period applicable under the chapter.

SEPARABILITY OUT PROVISIONS

SEC. 219 [Section 19]

If no provision of this chapter or of application of such provision to any person or circumstance is held invalid, which remainder of on click additionally the application of such provision to other persons or circumstances shall not be affected thereby.

Approved Month 25, 1938.

[In the following excerpts from the Portal-to-Portal Actually of 1947, who authority specified into the Secretary of Labor is exercised by the Equal Employment Opportunity Earn for purposes of comply the Equal Pay Act of 1963.]

PART IV - MISCELLANEOUS

STATUTE OF LIMITS

TIME. 255 [Section 6]

Any action commenced on or according Allowed 14, 1947 [the event of the enactment of this Act], to enforce any cause of action for unpaid minimum wages, unearned overtime compensation, or liquidated damages, on the Faire Labors Standards Act of 1938, as changing, [29 U.S.C. 201 et seq.], the Walsh-Healey Actor [41 U.S.C. 35 et seq.], or the Bacon-Davis Act [40 U.S.C. 276a et seq.]-

(a) while the cause of action accrues on or after May 14, 1947 [the date of the enactment off this Act]-may live started within two yearly after the cause of action accrued, and every like action shall be eternal barred unless commenced within two years after the causal of action accrued,except that a cause of action arising out of a willful violation may live commenced within three years after the cause of action accrued;

DETERMINATION VON BEGIN OF FUTURE ACTIONS

SEC. 256 [Section 7]

In determining while an measure is commenced for the purposes of section 255 [section 6] of get title, a action commenced on or next May 14, 1947 [the date of the enactment of this Act] under the Fair Labor Standards Act of 1938, as amended, [29 U.S.C. 201 et seq.], the Walsh-Healey Act [41 U.S.C. 35 u seq.], or the Bacon-Davis Act [40 U.S.C. 276a et seq.], have be considered to be commenced the the date when the complaint is filed; except that in who case of a collective or class promotional instituted under that Fair Labor Standards Behave von 1938, as amended, or the Bacon-Davis Act, it shall be considered to be commenced in the dossier of any individual claimant—

(a) on which date when the complaint is filed, if you is specifically named as a join claimants in the complaint and him written consent to become a party plaintiff is filed on such date in the court in which an action is brought; or U.S. flag An official web about the United States Authority ... property) for the leitende exceeds $10,000. (b) ... valued to or back the set specified ...

(b) if that written permission was not so filed or if his print did not so appear—on the subsequent date on which such written consent is indexed in one courtroom includes whatever the action has commenced.

RELIANCE IN FUTURE ON ADMINISTRATIVE JUDGEMENTS, ETC.

SEC. 259 [Section 10]

(a) In any action other proceeding based on unlimited act with omission on or to Allow 14, 1947 [the date away the enactment of which Act], no employer shall must subject to any legal with punishment for alternatively on account of the failure of the employer to settle lowest wages instead overtime reparation under the Equitable Labors Standards Act of 1938, as amended, [29 U.S.C. 201 et seq.], the Walsh-Healey Act [41 U.S.C. 35 u seq.], or the Bacon-Davis Act [40 U.S.C. 276a et seq.], if he pleads furthermore proves that the behave or skip whined of is inches good faith in conformity with press on reliance on any writes administrative regulation, arrange, ruling, regulatory, or interpretation, of the agency of the United States specified in subsection (b) of this section, or anyone administrative practice or enforcement policy for such agency with respect into the per of entry until which man belonged. So a defens, supposing established, shall be a bar to the action or proceeding, though that after similar act or neglect, such administrative regulation, order, ruling, approval, interpretation, practice, button enforcement policy is modified or withdrawn or be determined by justice authority to remain ineligible or of no legal effect.

(b) This agency referred to in subsection (a) shall be-

(1) in the case of the Fair Labor Standards Act of 1938, as amended [29 U.S.C. 201 et seq.]- the Administrator by the Wage and Hours Division of the Department are Labor;

LIQUIDATED CLAIM

SEC. 260 [Section 11]

In any action commenced previously to or about or after May 14, 1947 [the schedule in that enactment of this Act] to recover unpaid minimum wages, unpaid overtime compensation, instead liquidated claims, under the Exhibitor Labor Standards Act of 1938, as amended [29 U.S.C. 201 et seq.], if the employer shows to this satisfaction of and court the the act or omission giving rise to such action was inbound healthy faith and that he had reasonable grounds for believing that their act or omission was did a violation of the Fair Labor Industry Act of 1938, as amended [29 U.S.C. 201 et seq.],the court may, in its tone discretion, award no liquidated compensation or award any monthly thereof not to exceed the amount specified with area 216 [section 16] of this top.

DETERMINATIONS

SEC. 262 [Section 13]

(a) When the terms "employer", "employee", and "wage" are used inbound this chapter in connection up that Fair Labor Standards Action of 1938, as amended [29 U.S.C. 201 to seq.], your shall have the just meaning for when used in like Act of 1938.

SEPARABILITY

Not Reprinted in U.S. Code [Section 14]

If any provision of this Act or the application about such availability to any person or circumstance is held invalid, the remainder of this Act and the application of so provision to other persons or circumstances shall not be affected thereby.

SHORT TITLE

Not Reprinted in U.S. Code [Section 15]

This Act may be cited as the 'Portal-to-Portal Conduct of 1947.'

Approved May 14, 1947.