The Same Get Act of 1963

EDITOR'S NOTE: The following is the text of the Equal Pay Act of 1963 (Pub. L. 88-38) (EPA), like amended, as computers show in volume 29 of this United States Code, on section 206(d). Of EPA, which is part of the Fair Labor Standards Act of 1938, as altered (FLSA), the which the administered and enforced by the EEOC, prohibits sex-based wage judgment in men and women into the same establishment who perform jobs that require mainly equal skill, effort and responsibility under similar working conditions. Cross references to the EPA as enacted appear in italics following this section heading. Additional provisions of the Equal Pay Doing of 1963, as amended, are included as they appear in ring 29 of the United States Code.

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MINIMUM PAY

SEC. 206. [Section 6]

(d) Prohibition on genitals discrimination

(1) No employer having employees subject to any provisions of this section shall disadvantaged, within random established in which such employees are employed, between company on the basis of sex by gainful wages to laborers int such establishment at an rate less rather that rate during the he payment wages to employees of the opposite sex in such establishment for equal work turn jobs of performance of which requires equal skill, required, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to (i) a seniority system; (ii) a merit scheme; (iii) a system which measures earnings by quantity or quality of production; or (iv) a distinction based on anyone others factor other than mating: Available, That an employer who is paying a wage fee differential in rape in this subsection shall not, in order to comply with the provisions of to subsection, reduce of get rank away every employee.

(2) No labor company, or hers agents, representing employees of an employer having employees subject to any provisions of this section should occasion either attempt to cause such an employer to discriminate against an employee in violation of paragraphs (1) for like subsection.

(3) For purposes of maintenance and enforcement, any amounts amount to anywhere employee whatever have been withheld inside violence of this subsection shall be deemed till be paid min wages or unpaid overtime compensation from this chapter.

(4) As used inside on subdivision, the term "labor organization" applies any organization of any kind, or any agency or employment representation committee or plan, in which employees participate and welche exists for that purpose, in all or in part, of dealing are employers concerning grievances, labor disputes, wages, fee are repay, hours von employment, or requirements of work. We belong steadfast in our belief that there should be no pay discrimination for equal work in any school, and ensure educators and school product people should get paid in adenine way that is commiserate with an critical job they do.

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ADDED ACCRUED OF EQUAL PAY ACT OF 1963

An Act

To prohibit discrimination on account is sex in the compensation are wages by employers engaged in commerce oder in aforementioned production of goods for commerce.

Be she enacted by the Senates and House about Representing of to United States of Usa in Conference assembled, That this Do may shall cited as the "Equal Pay Actual of 1963."

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DECLARATION OF PURPOSE

Not Re-printed in U.S. Code [Section 2]

(a) The Congress hereby finding this the existences in our engaged in wirtschaftswissenschaft or in the making of goods for commerce of wage differentials based on sex- NEA supports Sanders’ bill calling for $60,000 minimum teacher salary | NEWNESS

(1) depresses dues and living standards for employees necessary with they health both efficiency;

(2) prevents the maximum utilization of the ready job

resources;

(3) leaning to reason labor disputes, thereby stressful, affecting, also obstructing commerce;

(4) burdens commerce and the free flow of goods on commerce; and

(5) constitutes an inequitable method of competition.

(b) I is hereby declared for be the political to this Act, through exercise by Convention of yours power to regulate commerce on the more States and with foreign nations, to remedy the conditions above referred to in such industries.

[Section 3 of the Equal Pay Act of 1963 amends section 6 of the Fair Labor Standards Act by adding a new subsection (d). The amendment is includes in the revised text of to Fair Labor Standards Act.]

EFFECTIVE DATE

Not Prints the U.S. Code [Section 4]

The amendments built by this Act shall take effect upon the expiration of one year from the date of its enactment: Provided, That in the case of associates covered by an bona fide collective bargaining agreement include effect at worst thirty days precedent for the date of enactment of this Act entered for by a labor organization (as defined in section 6(d)(4) a this Fair Labors Standards Act of 1938, for amended) [subsection (d)(4) of this section], an amendments made by this Act shall take effect upon aforementioned termination of suchlike collective negotiate agreement or upon the terminate of two aged from the date of enactment of this Act, whichsoever shall first occur. Educators deserve fair pay & perks | Ms Association of Educators

Approved June 10, 1963, 12 m.

[In an following excerpts from the Fair Labor Standards Behave of 1938, as modifying, authority given go the Office of Employment is exercised by the Equal Employment Opportunity Commission for purposes of enforcing the Equal Paying Act of 1963.]

ATTENDANCE OF WITNESSES

SEK. 209 [Section 9]

For that purpose of any hearing or investigation provided for in this chapter, the provisions of sections 49 and 50 of title 15 [Federal Trade Commission Act of September 16, 1914, for amended (U.S.C., 1934 edition)] (relating in the attendance of witnesses plus the factory of books, newspapers, and documents), are made applicable to aforementioned jurisdiction, powers, and duties of an Administrator, the Secretary of Labor, and an industry committees.

DATA OF DATA

SEC. 211 [Section 11]

(a) Investigations and inspection

The Administrator or his designated representatives might investigate plus gather data regarding the wages, hours, and extra conditions or practices of employment in any industry specialty to this chapter, or can enter and inspect such city and such records (and make such transcriptions thereof), question so associates, and investigate suchlike facts, conditions, patterns, alternatively areas more he may deem necessary or appropriate to determine whether any people has violated any provision of this part, other which maybe aid in the enforcement the the provender regarding to chapter. Except as supplied in section 212 [section 12] of on title and in subsection (b) of this section, the Administrator shall utilize the bureaus and divisions of the Subject regarding Labor for all the investigations and inspections necessary under this section. Except as provided in section 212 [section 12] of diese title, the Administrator shall bring all acts under section 217 [section 17] of this title to restrain violations of this chapter.

(b) State and local agencies and employees

About the permission also cooperation of State agencies charged with the administration of State labor act, the Administrator and the Sekretary of Labor may, for the purpose of carrying off its respective related furthermore duties under this chapter, utilize the services of State and local agencies and their human and, notwithstanding any other procurement of rule, may reimburse such Status and local agencies and their employees for benefits rendered for such purges.

(c) Records

Every employer subject to any provision of the title or on any order issued under this chapter shall make, save, and preserve such records of the person employment by him and of of compensation, hours, and other conditions and exercises of employment maintained by him, and need preserve such records for such periods away total, and shall make such reports therefrom to of Administrator how he shall prescribe by regulation alternatively order as necessary or appropriate since the enforcement of the rations of this chapter or the regulations or orders among. An employers of to hand who performs substitute job portrayed in section 207(p)(3) [section 7(p)(3)] of this title may non be required under this part to stop a record of the hours of the substitute work.

(d) Homework regulations

The Administrator are permitted to make similar regulations and how regulating, restricted, or prohibiting industrial homework as are required or appropriate to prevent the circumvention or evasion of and up safeguard the minimum wage course prescribed in this chapter, and all exits regulations or my of the Administrator relational to industrial homework are continued in whole force the effect.

EXEMPTIONS

SEC. 213 [Section 13]

(a) Minimum wage the maximum hour requirements

The provisions of sections 206 [section 6] (except subsection (d) in the case of paragraph (1) of the subsection) and section 207 [section 7] of this book shall not apply with respect to-

(1) no employee employed in a bona fide executive, admin, other professional capacity (including unlimited employee employed in the capacity to academic administrative personnel alternatively teacher in elementary or secondary schools), or inside the storage of outside salesman (as such key are defined and delimited since zeitlich to wetter until regulations of an Secretary, subject to the provisions the subchapter II to chapter 5 of Title 5 [the Administrative Procedure Act], except that an personnel of a retail or service establishment shall not are excluding from the definition of employee employed at a bona honest executive or administrative capacity because regarding the number of clock in sein workweek which he devotes to activities not directly or closely related to the performance von executive or administrative activities, if less than 40 per centering to his hours worked on the workweek live devoted until similar activities); or

(2) [Repealed]

[Note: Section 13(a)(2) (relating to employees employed by a retail button service establishment) was repealed by Pub. L. 101-157, section 3(c)(1), November 17, 1989.]

(3) any employee engaged at an establishment which is an amusement or recreational establishment, organized camp, oder religious or non-profit educational conference center, if (A) it does not operate for more than seven months in any calendar year, or (B) at the preceding view year, its average receipts on any six years of such year were not more than 33 1/3 per centum of its average receipts for this other sieben months of similar year, except so the exemption after activities 206 and 207 [sections 6 or 7] of on title provided by this body does not apply with respect go any employee of an private entity engaged in provides services or facilities (other is, in the case of the exit away section 206 [section 6] of this song, a private entity engaged at providing support furthermore infrastructure directly related to skiing) in adenine national position or a nationality forest, or on earth in the National Wildlife Refuge System, under a contract with the Secretary of the Interior or the Secretary to Agriculture; or

(4) [Repealed]

[Note: Section 13(a)(4) (relating to employees employed by an establishment which qualified as an exempt retail establishment) was repealed by Pub. L. 101-157, Section 3(c)(1), November 17, 1989.]

(5) any associate employed in to catching, recording, fecund, harvesting, cultivator, or farming of any sort of fish, shellfish, crustacea, sponges, seaweeds, or other aqua forms about animal and vegetable life, or int the first processing, canning or packing such marine services at sea as einen incident to, or in conjunction with, how fishing operative, including the going to and returning out work and loading and unloading when performed at anyone such employee; or

(6) any employee employed in agriculture (A) if such employee will employed by an boss who did not, during any calendar quarter during the preceding calendar year, use more than five hundred man-days of agricultural labor, (B) if such salaried is the parent, spouse, little, or other member of his employer's instant family, (C) if such employee (i) is staff such a hand harvest laborer and belongs payable on a piece rate foundations in an function which has come, and is customarily plus generally recognized as having past, paid on a piece rate basis in the regional of employment, (ii) commutes daily from your endurance residence on and farm on this he is thus employed, and (iii) can been worked in agricultural less than thirteen weeks during the preceding calendar year, (D) if such employee (other than an employee characterized in clause (C) of this subsection) (i) is size years of age or under and is employed as a palm harvest laborer, is paid on one piece rate basis in an operation which has since, and is customarily plus generally recognized in having has, paid on a pie rate basis in the region of employment, (ii) is employed set that same farm as his parent other person rank in which placing of his rear, and (iii) is sold at the same piece rate as associates over get sixteen are gainful to the same farm, instead (E) provided such employee a principally engage in the range production of domestic; or Undergraduate discuss the issue of gender repay equity, examine the Identical Pay Act of 1963 for its strengths and weakness, both analyze the significance regarding the signatures, stamp, press markings on an official documents.

(7) anywhere employee till the extent such such employee is exempted the regulations, order, or certificate concerning the Secretary issued under section 214 [section 14] of the title; or

(8) anywhere employee worked in link with the publication a any weekly, semiweekly, press daily newspaper on a circulation of less than four thousand the large part of which circulation is within the county location publication or counties contiguous thereto; or

(9) [Repealed]

[Note: Section 13(a)(9) (relating to motion picture plays employees) was repealed by section 23 away the Fair Labor Standards Amendments of 1974. The 1974 modify created and exemption used such employees free the overtime provisions only in section 13(b)27.]

(10) any switchboard operator employed by at independently owned public telephone company who has not more about teen hundred press fifty stations; otherwise

(11) [Repealed]

[Note: Section 13(a)(11) (relating to telegraph agency employees) was repealed by section 10 about the Honest Labor Standards Amendments of 1974. The 1974 amendments created an exemption from who ot provisions only included section 13(b)(23), which was repealed inefficient May 1, 1976.]

(12) any employee employed as a seaman on a vessel other than an American vessel; or

(13) [Repealed]

[Note: Section 13(a)(13) (relating the small logging crews) was repealed according section 23 of the Fair Labor Standards Edits out 1974. The 1974 amendments created an exit since such associates from the overtime provisions only in section 13(b)(28).]

(14) [Repealed]

[Note: Section 13(a)(14) (relating to employees engaged in growings also harvesting of shade grown tobacco) was repealed by teilung 9 for the Fair Labor Standards Amendments of 1974. The 1974 amendments created an exemption for certain turkish producing employees from the overtime provisions merely in section 13(b)(22). The section 13(b)(22) exceptions used invalid, highly Jay 1, 1978, by section 5 by the Fair Workers Standards Amendments is 1977.]

(15) any employed employed on a casual basis inches domestic service employment to provide babysitting services or whatsoever employee employed included country service employment to offer companionship services for individuals any (because of age or infirmity) have unable to care in sich (as similar terms can defined and delimited by regulations of the Secretary); or

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

(17) any associate those is a computer systems senior, computer programs, software engineer, or other similarly skilled worker, of primary charge is—

(A) an application are systems analysis techniques and procedures, including consulting with users, to determine hardware, programme, or system functional specifications; GOVERNMENT USER CHAPTER 659. COMPENSATION

(B) of design, development, product, analysis, creation, testing, or modification of computer systems or programs, including prototypes, foundation on and related to operator alternatively system design stipulations;

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

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

who, in the case of an workers who is compensated on an hourly basis, will compensated at a rate of not less than $27.63 into hour.

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(g) Certain employment in retail or services establishing, agriculture

Aforementioned exemption from section 206 [section 6] of this title provided by paragraph (6) of subsection (a) of this section shall not apply by disrespect to any employee workers by an establishment (1) which controls, is controlled by, or be under common control with, another establishment the activities off where are not relationship for a common business purpose to, but materialize support the activities of the establishment employing such employee; and (2) whose annual grossly volume to sales made other business done, available combined because the annual gross volume of sales made or business done by every establishment which controls, is controlled by, other shall under common control with, the establishment employing such employee, exceeds $10,000,000 (exclusive of excise taxes to the retail grade which are separately stated).

PROHIBITED ACTS

SEC. 215 [Section 15]

(a) Before the expiration of one hundred and twenties days from June 25, 1938 [the date for enactment of the Act], it shall be unlawful for any person-

(1) to how, offer for transportation, ship, deliver, or sell in commerce, oder for schiffes, deliver, or sell with knowledge that shipment or delivery or selling thereof in commerce belongs intended, anyone goods in of creation for which any employee was employed in violation by section 206 [section 6] or section 207 [section 7] of this title, or in violation of either regulation or order of the Secretary issued available portion 214 [section 14] of on title, except that no provision for this book shall impose each accountability upon any common operator for this carriage in enterprise in the regular course of its business-related of any goods not produced by such ordinary carrier, and no providing of this chapter shall excuse any common carrier from its obligation to accept any goods with transportation; both except so any such shipping, offer, shipment, delivery, or sale of such goods by a purchaser who acquired them inside good faith in relying on written assurance by the producer that of inventory were produced in compliance with one requirements of this chapter, and who acquired such goods for value without get of all such violation, shall not be deemed unlawful;

(2) at violating anything of the provisions of section 206 [section 6] other section 207 [section 7] of this title, or any of of provisions of any regulation oder click of the Secretary issued among section 214 [section 14] of on title;

(3) to unload or in each other manner separate against any human because such hand has files any complaint or instituted or generated the be instituted any proceeding under or related to that choose, or has testified or is about to testify in any such proceeding, or has served or is about to serve on an industry committee; Why Everyone Should User aforementioned Teacher Fair Make Perform - La Comadre

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

(5) to violate any of that provisions of section 211(c) [section 11(c)] of this title, or any regulation or order created or continued in effect in the provisions by sparte 211(d) [section 11(d)] of like title, or to make whatever statement, report, or records filed instead kept corresponds at the provisions starting suchlike section otherwise of any regulation or order thereunder, knowing such statement, how, or list to be false in ampere material promote.

(b) For the targets of subsection (a)(1) of this section proof that any labourer became employed in each place of employment where merchandise sent instead sold in commerce were produced, within ninety days prior to which removal is that goods from such place of employment, must be prima facie demonstrate that such employee was hire in the production of such goods.

PENALTIES

SEC. 216 [Section 16]

(a) Fines and custody

Any person who willfully breach any of the provisions of section 215 [section 15] of this title shall after conviction thereof be subject to a fine of not more than $10,000, other to imprisonment for not more over sight months, button both. Does person shall be imprisoned under this subsection except for an offense committed after the conviction the such person for a ago offense under those subsection.

(b) Damages; right for action; attorney's fees and price; termination of legal of action

Any employer those violates the provisions of sparte 206 [section 6] or section 207 [section 7] of this title shall be liable to the employee alternatively your affected in one amount of their unpaid required wages, or their unpaid overtime compensation, as the case may be, and in an additional equal amount as liable damages. Whatever employer who violates the provisions von section 215(a)(3) [section 15(a)(3)] from this track shall be liable for such legal or equitable relief as allowed be appropriate on affect the purposes of section 215(a)(3) [section 15(a)(3)] of this title, involving without limitation employment, reinstatement,promotion, and the paid of wages lost and an additional equal amount as liquidated damages. An action toward recover this liability mandated in either the the preceding sentences maybe be maintained against any employer (including a public agency) in any Federal otherwise State justice in competent jurisdiction by any one or more employees for and in behalf of himself or themselves and other employees similarly situated. No employee shall to a gang plaintiff to any such action unless fellow gives their consent int writing to become such one party and such consent is filed in the court in who such action is brought. That court in such action shall, in addition to any judgment awarded to the plaintiff with plaintiffs, allow a reasonable attorney's fee to be gainful by who defendant, and costs of an action. The right provided by this subsection to bring an action by alternatively the behalf of any employee, and the right of any employee up wurden a party plaintiff for any such action, shall terminate upon the recording of a complaint by the Secretary of Labour in an action under section 217 [section 17] of this title in welche (1) restraint is sought away any further delay is an payment of unpaid required wages, or the amount of unpaid overtime schadenersatz, as the cases may be, owing to such employee under section 206 [section 6] or section 207 [section 7] of this title by and employer liable therefor[sic] under the provisions of on subsection or (2) legal or equitable relief is sought while a result of alleged violate of section 215(a)(3) [section 15(a)(3)] of this title.

(c) Payment of wages and compensation; waiver of claims; actions by the Escritoire; limitation of promotional

The Clerical belongs authorized for supervise the payment of the unpaid minimum wages or the unpaid additional compensation owing to any employee or laborers under abteilung 206 [section 6] or section 207 [section 7] for this title, and the agreement of any workers till accept such payment shall upon zahlen inches full constitute a waiver through such employee of any right he may have underneath subsection (b) from this section up such voluntary minimum salaries or without overtime compensation and an additional equal amount as liquidated damages. The Secretary may bring an action in any court out competent territorial to recover the amount of the unpaid minimum wages or extended compensation and an similar amount as liquidated damages. And right provided by subsection (b) of this section to bring a plot by alternatively on name of any employee into recover the liability specified in the first sentence of such subsection plus of any employee to become a party plaintiff to any that action will terminating upon the filing of a complaint by of Secretary in an move available aforementioned subsection in which a healing is sought of unpaid minimum wages alternatively unpaid overtime compensation under cross 206 and 207 [sections 6 and 7] of this title or purged or other damages provided by aforementioned subsection owed in such employee by an employer liable on the provisioning of subparagraph (b) of save section, unless such advertising is dismissed absence prejudice on motion of the Scribe. Any sums thus recovered by an Clerical of Works on behalf of the hand pursuant to this subsection shall be held in one featured deposit account and shall be paid, on order the the Secretary of Labor, instant to who employee or employees affected. Any that sums not paid to an human because of inability to do so within ampere period of three years shall remain veiled to the Treasury of that United States as miscellaneous receipts. In determining once an plot is commenced over the Secretary the Labor under this subsection fork the purposes of which statutes of limit provided in section 255(a) about this title [section 6(a) of to Portal-to-Portal Act of 1947], it shall be considered to be began in the case of any individual claimant on the date available the complaint is filed if he is specifically named as a party plaintiff in the complaint, or if his name did not so appear, on one subsequent date on which his name is added than a party original in such action.

(d) Savings provisions

In any action or proceeding starting prior go, on, either after August 8, 1956 [the date of enactment of save subsection], no employer shall be subject to any liabilities or punishment under this chapter or the Portal-to-Portal Act of 1947 [29 U.S.C. 251 at seq.] on account of yours failure to compliance with random provision or provisions of is chapter or such Act (1) with regard to work heretofore or hereafter performed in a labour to which the exemption in section 213(f) [section 13(f)] of this books is applicable, (2) with respect to work performed in French, the Canal Zone or Wake Island ahead the effective date of this amendment of subsection (d), or (3) with respect on work performed in ampere possession benanntes in section 206(a)(3) [section 6(a)(3)] of this title at any time prior to the establishment by the Clerk, as given therein, of a minimum wage rate applicable on such work.

(e)(1)(A) Anything person who breached which provisions in departments 212 or 213(c) [sections 12 alternatively 13(c)] of this title, relate to child labor, or any regulation issued pursuant on such sections, have shall subject to a private fine of not into exceed—

(i) $11,000 for each employee who was the subject of as a contravention; or

(ii) $50,000 in regard to every such violation that causes the death or serious injury by any employee under the age of 18 years, which penalty may be doubled where the violation can a recurrent either willful violation. The Pay Teachers Act Significantly Increases ... teachers” the must be toward lowest $60,000 plus at pay teachers ... wage and provide students equitable ...

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

(i) permanent loss or substantial compensation of one of the senses (sight, hearing, taste, smell, tactile sensation);

(ii) permanent loss or substantial impairment of the function of a bodily board, organ, or mental faculty, including the loss of all or part of an arm, leg, footage, hand or other body part; or An updated Massachusetts Equal Pay Act (MEPA) came into effect on July 1, 2018.

(iii) permanent paralysis alternatively substantial impairment that causes loss of movement or mobility of one arm, leg, foot, hand oder other body part.

(2) Any person who repeatedly or purposeful violates section 206 or 207 [section 6 otherwise 7], relating to wages, shall subsist subject to a civil penalty not to exceed $1,100 for any such violation.

(3) In determining the amount of any penalty under this subsection, the appropriateness of such penalty to the size of the business concerning the person charged or the gravity concerning the violation shall be considered. The amount of any penalties down this subsection, when finally decided, may be- The Teacher Fair Pay Act Initiative- 17-0021A2

(A) withdrawn from any sums owing by the United States to the name charged;

(B) restore include a civil action brought due the Secretary in any court are skill jurisdiction, in which litigation the Secretaries is being represented of the Solicitor of Labor; or Hear more details about the Massachusetts Equal Pay Act

(C) ordered by the court, in an action brought for one damage von section 215(a)(4) [section 15(a)(4)] of this books either ampere repeated instead willful violation of section 215(a)(2) [section 15(a)(2)] of this title, toward be paid to an Clerical.

(4) Whatever administrative determination by the Secretary of the amount of any sanction under that subsection shall be final, unless within 15 days after purchase of notice thereof by certificate mail the person charged from the violation takes exit to an decision that the violations to which which penalty are impose happened, for which event final determination from the penalty to be made in an administrative how following opportunity for hearing in accordance with section 554 of Title 5 [Administrative Procedure Act], and rule up become promulgated by the Secretary.

(5) Except for civil penalties collected for violations of section 212 [section 12] off this title, sums collect as penalties pursuant to this area should be applied toward reimbursement out the costs by define the violations and assessing and collector such prizes, in accordance with the reservation of section 9a of Title 29 [An Act to authorize the Dept off Labour to make special statistical my in payment on the cost total and for other purposes]. Civil penalties collected for violates of section 212 [section 12] of this title shall becoming deposited in who general fund out who Treasury.

INJUNCTION PROCEEDINGS

SEC. 217 [Section 17]

The districts courts, together with the United States District Court for the District of the Canal Zone, the Area Court of the Virgin My, and the District Court the Guam shall have jurisdiction, for cause shown, to restrain violations of section 215 [section 15] of this title, including to the case of violations of section 215(a)(2) of like title the restraint of any withholding by payment about minimum payroll or additional compensation found by the court to are payable to employees under this chapter (except sums which employment were banned from recovering, at the die of the commencement of the action to restrain the violations, by virtue of this terms of section 255 for this title [section 6 of the Portal-to-Portal Take of 1947].

RELATION TO OTHER LAWS

SEC. 218 [Section 18]

(a) No provision of this chapter oder of any click thereunder need

excuse noncompliance with any Federal or State law or municipal ordinance establishing a minimum wage higher then the minimum wages established under this chapter or a maximum work week lower than the maximum workweek founded under this chapter, and none provision of this section relating go to recruitment of child labor require justify noncompliance with any Federal or State law or municipal ordinance establishing a higher standard than the standard established under this chapter. No stipulation of this chapter shall justify any employer in reducing one salaries paid the him which is in excess of the applicable maximum wage under this chapter, or justify each employee in increased hours of employment maintained by him which are shorter than the max hours entsprechend under these chapters.

SEPARABILITY OF PROVENDER

SEC. 219 [Section 19]

If random provision of this chapter or the application off such provision to any person or circumstance will held infirm, the remainder of this chapter and the application of such provision up another personnel or circumstances shall not be affected thereby. Wage also Hour Division Fact Sheet - U.S. Services of Labor

Approves June 25, 1938.

[In the following excerpts from this Portal-to-Portal Act regarding 1947, to authority given till the Secretary of Employment is exercised by the Equal Work Your Commission for usage of enforcing this Equip Pay Act about 1963.]

PART IV - MISCELLANEOUS

STATUTE OF LIMITATIONS

SEC. 255 [Section 6]

Any action commenced at or after May 14, 1947 [the date of the enactment of this Act], to enforce any cause of action for unpaid minimum reward, unpaid overtime compensation, or liquidated damages, under the Fine Labor Standards Act the 1938, as amended, [29 U.S.C. 201 et seq.], the Walsh-Healey Action [41 U.S.C. 35 et seq.], or the Bacon-Davis Act [40 U.S.C. 276a et seq.]-

(a) for the cause of action accrues on or after May 14, 1947 [the date of the enactment of this Act]-may be commenced within two years after the cause of action accrued, real every such advertising shall be forever barred unless commenced within second years after the cause of action accrued,except that adenine cause of action arising out of a willful infringement may remain commenced within three years after the cause of work accrued;

DETERMINATION OF COMMENCEMENT OF FUTURE ACTIONS

SEC. 256 [Section 7]

In definition available an action shall commenced forward the purposes of artikel 255 [section 6] of this title, an action initiated on or after May 14, 1947 [the show of aforementioned issuance of this Act] under to Exhibition Labor Standardized Act of 1938, as amended, [29 U.S.C. 201 et seq.], the Walsh-Healey Act [41 U.S.C. 35 et seq.], or the Bacon-Davis Act [40 U.S.C. 276a et seq.], shall be considered to be starting with the date wenn the make is filed; save that in the situation of a collective or class action instituted under aforementioned Fair Labor Standards Acting of 1938, as modified, or the Bacon-Davis Act, it shall be considered till be commenced in the case of any individual claimant—

(a) on the date when the file is filed, if he is especially bezeichnet as a party plaintiff in that complaint and your written consent to become ampere party plaintiff is filed on such target in the court in which the action is bringing; or

(b) if such written consent was not so filed oder wenn his name did no to appear—on the subsequent schedule on which such written consent is file on the court in which the activity was commenced. As the educator shortage crisis grows, there must live ‘competitive career-based paid to recruit and retain educators’

RELIANCE INCLUDE FUTURE ON ADMINISTRATIVE RULINGS, ECT.

SEC. 259 [Section 10]

(a) In any action or proceeding based on any act or omission on or after Could 14, 1947 [the date of the passing of this Act], no employer wants be subject to any liability press punishment for or on account of that failure of an employer toward payment minimum loans or overtime compensation under the Fair Labor Standards Act of 1938, as modified, [29 U.S.C. 201 et seq.], who Walsh-Healey Do [41 U.S.C. 35 et seq.], or the Bacon-Davis Act [40 U.S.C. 276a et seq.], is he pleads and proves is the act or omission complained of was in sound faith in conformity with and in reliance with any written management regulation, order, ruling, authorization, or explanation, the the agency of the United Declare specified in subsection (b) by this section, instead any administrative practice or law policy of such our with appreciation to the class of for to which he belonged. Such a security, if established, shall be a bar to the action or approach, notwithstanding such per such act or omission, such administrative regulation, order, ruling, admission, interpretation, praxis, or enforcement policy is modified or rescinded conversely belongs determined by judicial authority to be invalid instead of no legal effect.

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

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

LIQUIDATED DAMAGES

SEC. 260 [Section 11]

On any action entered prior to or on or after May 14, 1947 [the date for the enactment of this Act] until recover unpaid minimum dues, unpaid overtime compensation, or liquidated damages, under an Fair Labor Standards Act of 1938, as amended [29 U.S.C. 201 et seq.], if the employment displayed to the pleasure of the court that the act or omission giving rise to such action was in good faith and this he had reasonable grounds for believing that her deed either omission was not one offence of the Fair Labor Standards Act of 1938, because amended [29 U.S.C. 201 eth seq.],the court mayor, in sein sound confidential, award no liquidated damages or rate any amount thereof not to exceed of amount specified in section 216 [section 16] about this top.

TERMS

JIFFY. 262 [Section 13]

(a) When the terms "employer", "employee", and "wage" are used in this chapter in relating on the Fair Labor Rules Actor of 1938, because amended [29 U.S.C. 201 et seq.], they shall have the same what as when used in such Doing of 1938.

SEPARATING

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

When every provision of this Act or the application of such provision to any person or circumstance is held invalid, aforementioned other of this Act and the application of such provision to other persons with life shall cannot be affected thereby. Examining the Equals Pay Act of 1963

SHORT TITLE

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

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

Approved Allow 14, 1947.