H.R. 11, H.R. 12, S. 182:  Paycheck Fairness Act

Introduced       January 2009

Sponsors         Sen. Hillary Clinton and Rep. Rosa DeLauro

Summary

The Paycheck Fairness Act, introduced in the House of Representatives and Senate in January 2009 by then Sen. Hillary Clinton and Rep. Rosa DeLauro, would amend the Fair Labor Standards Act (“FLSA”) by expanding the damages available under the Equal Pay Act and narrowing the scope of one of its affirmative defenses. Under the bill, employees can seek compensatory and punitive damages for FLSA violations, which are currently not allowed. Additionally, employers would have to show that differences in pay are not due to sex-based criteria and are related to job performance.

Current Status:  The bill was passed by the House on January 9, 2009 and has been placed on the Senate’s Legislative Calendar.