HB 1367: Paycheck Fairness Act (Passed)

[Esteemed Jimmy]

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2. Section 15 of the Fair Labor Standards Act of 1938 (29 U.S.C. 215)link is amended—
a) in subsection (a)—
i) in paragraph (3), by striking “employee has filed” and all that follows and inserting “employee—

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;
b) in paragraph (5), by striking the period at the end and inserting “; or”; and
c) by adding at the end the following:

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and
d) by adding at the end the following:

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3. Section 16(b) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(b))link is amended—
a) by inserting after the first sentence the following: “Any employer who violates section 6(d) shall additionally be liable for such compensatory damages, or, where the employee demonstrates that the employer acted with malice or reckless indifference, punitive damages as may be appropriate, except that the United States shall not be liable for punitive damages.”;
b) in the sentence beginning “An action to”, by striking “either of the preceding sentences” and inserting “any of the preceding sentences of this subsection”;
c) in the sentence beginning “No employees shall”, by striking “No employees” and inserting “Except with respect to class actions brought to enforce section 6(d), no employee”;
d) by inserting after the sentence referred to in paragraph (3), the following: “Notwithstanding any other provision of Federal law, any action brought to enforce section 6(d) may be maintained as a class action as provided by the Federal Rules of Civil Procedure.”; and
e) in the sentence beginning “The court in”—
i) by striking “in such action” and inserting “in any action brought to recover the liability prescribed in any of the preceding sentences of this subsection”; and
ii) by inserting before the period the following: “, including expert fees”.
4. Section 16(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(c))link is amended—
a) in the first sentence—
i) by inserting “or, in the case of a violation of section 6(d), additional compensatory or punitive damages, as described in subsection (b),” before “and the agreement”; and
ii) by inserting before the period the following: “, or such compensatory or punitive damages, as appropriate”;
b) in the second sentence, by inserting before the period the following: “and, in the case of a violation of section 6(d), additional compensatory or punitive damages, as described in subsection (b)”;
c) in the third sentence, by striking “the first sentence” and inserting “the first or second sentence”; and
d) in the last sentence—
i) by striking “commenced in the case” and inserting “commenced—
“(1) in the case”;
ii) by striking the period and inserting “; or”; and
iii) by adding at the end the following:
“(2) in the case of a class action brought to enforce section 6(d), on the date on which the individual becomes a party plaintiff to the class action.”.
Section 4; Implementation
1. All provisions that do not have a specified date of implementation in this Act shall be implemented 6 months after the passage of this legislation into law.
2. The Secretary of Internal Affairs and the Commissioner of the Equal Employment Opportunity Commission shall jointly develop technical assistance material to assist small businesses in complying with the requirements of this Act and the amendments made by this Act.
3. A small business shall be exempt from the provisions of this Act, and the amendments made by this Act, to the same extent that such business is exempt from the requirements of the Fair Labor Standards Act of 1938 pursuant to clauses (i) and (ii) of section 3(s)(1)(A) of such Act (29 U.S.C. 203(s)(1)(A)).
Section 5; Rule of Construction
1. Nothing in this Act, or in any amendments made by this Act, shall affect the obligation of employers and employees to fully comply with all applicable immigration laws, including any penalties, fines, or other sanctions.
[/quote]

People's House of Representatives
Passed in the House of Representatives 8-1-0-0


[/quote]

Sponsor: LouisvilleThunder
House Designation: HB 1367

[Esteemed Jimmy]

HB 1367 is now on the House floor. Debate on this legislation has begun and shall last for no less than 72 hours.

[Esteemed Jimmy]

Do any other representatives have anything to add?

[Esteemed Jimmy]

I move for a final vote.

I object.

[Esteemed Jimmy]

A vote on whether to start a final vote on this bill has started. Please vote AYE, NAY, or ABSTAIN.

[Esteemed Jimmy]

Nay

[Esteemed Jimmy]

The motion to hold a final vote fails 2-6.

[Esteemed Jimmy]

Since there has been no further debate, I motion for a final vote. Representatives have 24 hours for objections.

[Esteemed Jimmy]

I encourage all my colleagues to vote Aye on this bill when it comes to a vote.

[Esteemed Jimmy]

A final vote has begun on this bill. Please vote AYE, NAY, or ABSTAIN.

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2. Section 15 of the Fair Labor Standards Act of 1938 (29 U.S.C. 215)link is amended—
a) in subsection (a)—
i) in paragraph (3), by striking “employee has filed” and all that follows and inserting “employee—

You must be logged in to read this quote.

;
b) in paragraph (5), by striking the period at the end and inserting “; or”; and
c) by adding at the end the following:

You must be logged in to read this quote.

and
d) by adding at the end the following:

You must be logged in to read this quote.

3. Section 16(b) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(b))link is amended—
a) by inserting after the first sentence the following: “Any employer who violates section 6(d) shall additionally be liable for such compensatory damages, or, where the employee demonstrates that the employer acted with malice or reckless indifference, punitive damages as may be appropriate, except that the United States shall not be liable for punitive damages.”;
b) in the sentence beginning “An action to”, by striking “either of the preceding sentences” and inserting “any of the preceding sentences of this subsection”;
c) in the sentence beginning “No employees shall”, by striking “No employees” and inserting “Except with respect to class actions brought to enforce section 6(d), no employee”;
d) by inserting after the sentence referred to in paragraph (3), the following: “Notwithstanding any other provision of Federal law, any action brought to enforce section 6(d) may be maintained as a class action as provided by the Federal Rules of Civil Procedure.”; and
e) in the sentence beginning “The court in”—
i) by striking “in such action” and inserting “in any action brought to recover the liability prescribed in any of the preceding sentences of this subsection”; and
ii) by inserting before the period the following: “, including expert fees”.
4. Section 16(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(c))link is amended—
a) in the first sentence—
i) by inserting “or, in the case of a violation of section 6(d), additional compensatory or punitive damages, as described in subsection (b),” before “and the agreement”; and
ii) by inserting before the period the following: “, or such compensatory or punitive damages, as appropriate”;
b) in the second sentence, by inserting before the period the following: “and, in the case of a violation of section 6(d), additional compensatory or punitive damages, as described in subsection (b)”;
c) in the third sentence, by striking “the first sentence” and inserting “the first or second sentence”; and
d) in the last sentence—
i) by striking “commenced in the case” and inserting “commenced—
“(1) in the case”;
ii) by striking the period and inserting “; or”; and
iii) by adding at the end the following:
“(2) in the case of a class action brought to enforce section 6(d), on the date on which the individual becomes a party plaintiff to the class action.”.
Section 4; Implementation
1. All provisions that do not have a specified date of implementation in this Act shall be implemented 6 months after the passage of this legislation into law.
2. The Secretary of Internal Affairs and the Commissioner of the Equal Employment Opportunity Commission shall jointly develop technical assistance material to assist small businesses in complying with the requirements of this Act and the amendments made by this Act.
3. A small business shall be exempt from the provisions of this Act, and the amendments made by this Act, to the same extent that such business is exempt from the requirements of the Fair Labor Standards Act of 1938 pursuant to clauses (i) and (ii) of section 3(s)(1)(A) of such Act (29 U.S.C. 203(s)(1)(A)).
Section 5; Rule of Construction
1. Nothing in this Act, or in any amendments made by this Act, shall affect the obligation of employers and employees to fully comply with all applicable immigration laws, including any penalties, fines, or other sanctions.
[/quote]

People's House of Representatives
Pending

[Esteemed Jimmy]

Aye

[Esteemed Jimmy]

Voting has closed. The final vote stands as:

Aye: 8 (#TheShadowyAbyss, HenryWallaceVP, JGibson, Jimmy7812, LouisvilleThunder, Ninja0428, razze, Tea Party Hater)
Nay: 1 (1184AZ)
Abstain: 0
Missed: 0

Therefore, voting has closed and this bill passes 8-1-0-0.

[Esteemed Jimmy]

You must be logged in to read this quote.

2. Section 15 of the Fair Labor Standards Act of 1938 (29 U.S.C. 215)link is amended—
a) in subsection (a)—
i) in paragraph (3), by striking “employee has filed” and all that follows and inserting “employee—

You must be logged in to read this quote.

;
b) in paragraph (5), by striking the period at the end and inserting “; or”; and
c) by adding at the end the following:

You must be logged in to read this quote.

and
d) by adding at the end the following:

You must be logged in to read this quote.

3. Section 16(b) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(b))link is amended—
a) by inserting after the first sentence the following: “Any employer who violates section 6(d) shall additionally be liable for such compensatory damages, or, where the employee demonstrates that the employer acted with malice or reckless indifference, punitive damages as may be appropriate, except that the United States shall not be liable for punitive damages.”;
b) in the sentence beginning “An action to”, by striking “either of the preceding sentences” and inserting “any of the preceding sentences of this subsection”;
c) in the sentence beginning “No employees shall”, by striking “No employees” and inserting “Except with respect to class actions brought to enforce section 6(d), no employee”;
d) by inserting after the sentence referred to in paragraph (3), the following: “Notwithstanding any other provision of Federal law, any action brought to enforce section 6(d) may be maintained as a class action as provided by the Federal Rules of Civil Procedure.”; and
e) in the sentence beginning “The court in”—
i) by striking “in such action” and inserting “in any action brought to recover the liability prescribed in any of the preceding sentences of this subsection”; and
ii) by inserting before the period the following: “, including expert fees”.
4. Section 16(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(c))link is amended—
a) in the first sentence—
i) by inserting “or, in the case of a violation of section 6(d), additional compensatory or punitive damages, as described in subsection (b),” before “and the agreement”; and
ii) by inserting before the period the following: “, or such compensatory or punitive damages, as appropriate”;
b) in the second sentence, by inserting before the period the following: “and, in the case of a violation of section 6(d), additional compensatory or punitive damages, as described in subsection (b)”;
c) in the third sentence, by striking “the first sentence” and inserting “the first or second sentence”; and
d) in the last sentence—
i) by striking “commenced in the case” and inserting “commenced—
“(1) in the case”;
ii) by striking the period and inserting “; or”; and
iii) by adding at the end the following:
“(2) in the case of a class action brought to enforce section 6(d), on the date on which the individual becomes a party plaintiff to the class action.”.
Section 4; Implementation
1. All provisions that do not have a specified date of implementation in this Act shall be implemented 6 months after the passage of this legislation into law.
2. The Secretary of Internal Affairs and the Commissioner of the Equal Employment Opportunity Commission shall jointly develop technical assistance material to assist small businesses in complying with the requirements of this Act and the amendments made by this Act.
3. A small business shall be exempt from the provisions of this Act, and the amendments made by this Act, to the same extent that such business is exempt from the requirements of the Fair Labor Standards Act of 1938 pursuant to clauses (i) and (ii) of section 3(s)(1)(A) of such Act (29 U.S.C. 203(s)(1)(A)).
Section 5; Rule of Construction
1. Nothing in this Act, or in any amendments made by this Act, shall affect the obligation of employers and employees to fully comply with all applicable immigration laws, including any penalties, fines, or other sanctions.
[/quote]

People's House of Representatives
Passed in the House of Representatives 8-1-0-0