Equal+Opportunity+and+Access

Daniel, Lissette. Angelica Equal Opportunity and Access refers to the care of United States employees. The EEOC, which stands for the US. Equal Employment Opportunity Commission,has the job of enforcing laws federal laws that make it illegal to discriminate or prejudice against a job applicant or employee just because of their race, religion, sex, color, age or nationality.

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AMERICAN DISABILITY ACT!
American Disability Act Provides Equal Opportunities For the Disabled! The Americans with __Disabilities Act__ of 1990 (ADA) was enacted into law on July 26, 1990. The primary purpose of this enactment was to preclude discrimination based on disablement. It is on the lines of the Civil Rights Act of 1964 which made provisions for sheltering people from discriminations based on race, national origin, religion or sex of individuals. However, since the Civil Rights Act did not cover the discrimination based on disability, the ADA now covers this important aspect of civil rights of the American people. The Americans with Disabilities Act provides equal opportunities for the disabled in all spheres of employment, public accommodation, transportation, state and local government services and telecommunication relay services. It is an important and meaningful legislation that gives federal protection to __people with disabilities__ and seeks to ensure that they are also provided effective, meaningful and equal opportunities of participation in the society. The ADA defines disability as a physical or mental impairment that substantially limits one or more of the major life activities of an individual. The same description is also a part of the disability defining sections of the Rehabilitation Act of 1973, the Fair Housing Act Amendments and the Air Carrier Access Act as well. The ADA delineates that the employers may not single out and discriminate against individuals with__disabilities__ in hiring or promotion when the persons are otherwise qualified for the jobs. Employers can of course inquire from prospective employees about their ability to perform a job; but an employer is prohibited from inquiring whether someone has a disability or subject a person to tests that screen out or even tend to screen out __people with disabilities__. The ADA also provides that employers need to provide reasonable and fair accommodation to individuals with disabilities, if needed. Accommodation here means working areas and space that is conducive and barrier free for performing one's employment despite one's disablement. This includes steps such as alterations to equipment and reconstituting or restructuring the job, if necessary. However, the ADA does not enforce undue and unreasonable hardships on the business enterprises of America. The employers need not provide accommodations that impose undue difficulties and strains on business operations.

VIDEO FOR EQUAL OPPORTUNITY!!     =Equal Access Act of 1984=

Copyright (c) by Emily Storer, 2008. All rights reserved. PROTECTED ENTRY: This entry by a named creator or site administrator can be changed only by that creator and site administrators, so they are responsible for its accuracy, coverage, evidence, and clarity. Please do use this entry's Comment section at the bottom of the page to suggest improvements. Thanks. The Equal Access Act is a federal law enacted on August 11, 1984 to prevent unequal treatment or discrimination among non-curricular student clubs in public secondary schools. [|[1]] The Act was originally conceived of and sponsored by conservative senators including Senator Orrin Hatch of Utah with the intent of protecting student religious organizations and Bible Clubs in secondary schools. [|[2]][|[3]] However, the Equal Access Act has since been used to defend the rights of a variety of student clubs including, in a number of high-profile cases, Gay Straight Alliances (GSAs). The Equal Access Act reads:

"It shall be unlawful for any public secondary school which receives Federal financial assistance and which has a limited open forum to deny equal access or a fair opportunity to, or discriminate against, any students who wish to conduct a meeting within that limited open forum on the basis of the religious, political, philosophical, or other content of the speech at such meetings."[|[4]] Essentially, if a public secondary school allows for the existence of one or more extra-curricular or non-curricular student groups on school property during noninstructional time (a “limited open forum”), then it must grant equal opportunity to all non-curricular student groups. [|[5]][|[6]]

School boards wishing to disallow GSAs while upholding the Act have tried several approaches. Some, such as the school boards in Salt Lake City, UT and Orange County, CA elected to ban all non-curricular clubs rather than allow a GSA to be established (these decisions were later overturned).[|[7]][|[8]][|[9]] Other boards have tried to dispute the definition of a “non-curricular student group,” arguing unsuccessfully that Chess Clubs or community service organizations are directly related to school curriculum and thus have a right to exist when a GSA does not.[|[10]] Still other schools and/or school boards have tried to claim that they have the right to discriminate against GSAs because the controversy surrounding them might be overly disruptive in an educational environment. However, the Act makes clear that it is unlawful to prevent equal access to a club based on a “hecklers’ veto”.[|[11]][|[12]]

A school will not lose federal funding if it fails to comply with the Equal Access Act; however, an aggrieved party or parties may bring suit in a U.S. district court to compel a school to observe the law.[|[13]]The school may then be liable for damages and the attorney’s fees of the opposing party. In many cases, students have been instrumental in bringing violations of the Equal Access Act to court.[|[14]][|[15]][|[16]]

=**Age Discrimination in Employment Act - ADEA**=

The Age Discrimination in Employment Act (ADEA) is the federal law governing [|age discrimination]. It was enacted in 1967 to promote the employment of older workers based on ability rather than age, prevent [|discrimination], and help solve the problems that arise with an aging workforce. [|Many states also have laws prohibiting age discrimination] and may have more restrictions than the ADEA. //[|State-by-state comparision of 50 employment laws in 50 states], including age discrimination//

[|Related articles on the Age Discrimination in Employment Act] [|ADEA tools for //Employment Law Letter// subscribers]

The Age Discrimination in Employment Act prohibits an employer from refusing to [|hire],[|firing], or otherwise discriminating against an employee age 40 or older, solely on the basis of age. Thus, an employer can't deny an employee pay or [|fringe benefits] when the only justification is age. Nor may an employer classify employees into groups on the basis of age in a way that unfairly deprives workers of employment opportunities. For example, an employer may not relegate all older workers to a particular level of employment within a company and then decline to promote them. The Age Discrimination in Employment Act functions similarly to other federal discrimination laws, such as [|Title VII] and the [|Americans with Disabilities Act (ADA)]. However, the ADEA has its own rules concerning which employers are covered and other requirements. //[|HR Guide to Employment Law]: A practical compliance reference manual covering 14 topics, including discrimination//

The Age Discrimination in Employment Act defines "employer" to include every individual, partnership, association, [|labor organization], corporation, business trust, legal representative, or organized group of persons who (1) is engaged in an industry affecting commerce (most every industry will affect commerce within the meaning of the ADEA); and (2) has 20 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. To be covered by the Age Discrimination in Employment Act, an employer must: //Audit your policies and practices dealing with age discrimination and the Age Discrimination in Employment Act with the [|Employment Practices Self-Audit Workbook]// Whether an individual is an employee for purposes of the Age Discrimination in Employment Act depends mainly on the conduct of the worker.Very few people are expressly excluded from the definition of "employee" in the ADEA. [|Independent contractors] are not employees within the meaning of the Age Discrimination in Employment Act and are not entitled to its protections.There must be an employer/employee relationship for the ADEA to come into play. People elected to office in a state or a political subdivision of the state are excluded, as are the personal staff, policymaking appointees, and immediate advisers of the elected officer.
 * Who qualifies as an employer under the ADEA?**
 * Be engaged in an industry affecting commerce;
 * Have 20 or more employees; and
 * Have an employment relationship with the claimed employee.
 * Who qualifies as an employee under the ADEA?**

The Age Discrimination in Employment Act protects employees who are at least 40 years old. There's no cap, so all workers 40 and older are protected by the ADEA, with a few exclusions and exceptions. For instance, an elected official and her staff and “policy making appointees” are excluded from the ADEA. The Age Discrimination in Employment Act carves out a compulsory retirement exception for “bona fide executives” or “high policymakers” – //i.e.,// an employer may impose compulsory retirement on any employee age 65 or older who is either a bona fide executive or high policymaker and who is entitled to receive a nonforfeitable annual [|retirement] benefit of at least $44,000. //Audio Conference: [|60 is the New 40: Overcoming Legal and Talent Management Challenges As Boomers Stay]// In 1990, Congress further extended the reach of the Age Discriminatin in Employment Act by passing the [|Older Workers Benefit Protection Act] (OWBPA) as a way to further ensure that worker benefits were further protected from age discrimination. The [|Lilly Ledbetter Fair Pay Act], signed into law in January 2009, changes when the statute of limitations begins for workers’ claims of pay discrimination under [|Title VII of the Civil Rights Act of 1964] and the Age Discrimination in Employment Act to declare that an unlawful employment practice occurs not only when a discriminatory pay decision or practice is adopted but also when the employee becomes subject to the decision or practice, as well as each additional application of that decision or practice. In other words, each time compensation is paid.
 * Other federal laws affecting the ADEA**

**Related articles on the Age Discrimination in Employment Law featured in [|HR Hero Line]** **and the [|Employment Law Post]** > (//[|Maine Employment Law Letter]//, December 2009) > (//[|Indiana Employment Law Letter]//, October 2009) > (//Diversity Insight//, August 2009) > (//The Word on Employment Law,// June 2009) > (//[|Federal Employment Law Insider]//, January 2009) > (//[|Missouri Employment Law Letter]//, October 2008) > (//[|Kansas Employment Law Letter]//, December 2007) > ([|//Louisiana Employment Law Letter//], September 2006) code MINIMUM WAGE
 * [|Wellness Programs and the Health Care Reform Debate]
 * [|EEOC Guidance on Waivers in Severance Agreements]
 * Age Discrimination Filings Jump During Recession
 * Sotomayor’s District Court Decisions on the Age Discrimination in Employment Act
 * [|Important Labor and Employment Decisions before Supreme Court]
 * [|Avoiding Legal Pitfalls during RIFs and When Reducing Workers' Hours]
 * [|Lordy, Lordy, the Age Discrimination in Employment Act Turns 40]
 * [|Tips for Employers on Successfully Navigating Layoffs]
 * =__**EQUAL PAY ACT of 1963**__=

SEC. 206. //[Section 6]//

(d) (1) No employer having employees subject to any provisions of this section shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance of which requires equal skill, effort, 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 system; (iii) a system which measures earnings by quantity or quality of production; or (iv) a differential based on any other factor other than sex: //Provided//, That an employer who is paying a wage rate differential in violation of this subsection shall not, in order to comply with the provisions of this subsection, reduce the wage rate of any employee.

(2) No labor organization, or its agents, representing employees of an employer having employees subject to any provisions of this section shall cause or attempt to cause such an employer to discriminate against an employee in violation of paragraph (1) of this subsection.

(3) For purposes of administration and enforcement, any amounts owing to any employee which have been withheld in violation of this subsection shall be deemed to be unpaid minimum wages or unpaid overtime compensation under this chapter.

(4) As used in this subsection, the term ``labor organization'' means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.

____________________________________________________________________

ADDITIONAL PROVISIONS OF EQUAL PAY ACT OF 1963

An Act

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

Be it enacted by the Senate 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."

***

DECLARATION OF PURPOSE

Not Reprinted in U.S. Code //[Section 2]//

(a) The Congress hereby finds that the existence in industries engaged in commerce or in the production of goods for commerce of wage differentials based on sex-

(1) depresses wages and living standards for employees necessary for their health and efficiency;

(2) prevents the maximum utilization of the available labor resources;

(3) tends to cause labor disputes, thereby burdening, affecting, and obstructing commerce;

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

(5) constitutes an unfair method of competition.

(b) It is hereby declared to be the policy of this Act, through exercise by Congress of its power to regulate commerce among the several States and with foreign nations, to correct 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 incorporated in the revised text of the Fair Labor Standards Act.]//

EFFECTIVE DATE

Not Reprinted in U.S. Code //[Section 4]//

The amendments made by this Act shall take effect upon the expiration of one year from the date of its enactment: Provided, That in case of employees covered by a bona fide collective bargaining agreement in effect at least thirty days prior to the date of enactment of this Act, entered into by a labor organization (as defined in section 6(d)(4) of the Fair Labor Standards Act of 1938, as amended), the amendments made by this Act shall take effect upon the termination of such collective bargaining agreement or upon the expiration of two years from the date of enactment of this Act, whichever shall first occur.

Approved June 10, 1963, 12 m.

//[In the following excerpts from the Fair Labor Standards Act of 1938, as amended, authority given to the Secretary of Labor is exercised by the Equal Employment Opportunity Commission for purposes of enforcing the Equal Pay Act of 1963.]//

ATTENDANCE OF WITNESSES

SEC. 209 //[Section 9]//

For the purpose of any hearing or investigation provided for in this chapter, the provisions of sections 49 and 50 of title 15 //[sections 9 and 10]// (relating to the attendance of witnesses and the production of books, papers, and documents), of the Federal Trade Commission Act of September 16, 1914, as amended (U.S.C., 1934 edition, title 15, secs. 49 and 50), are made applicable to the jurisdiction, powers, and duties of the Administrator, the Secretary of Labor, and the industry committees.

INVESTIGATIONS, INSPECTIONS, RECORDS, AND HOMEWORK REGULATIONS

SEC. 211 //[Section 11]//

(a) The Administrator or his designated representatives may investigate and gather data regarding the wages, hours, and other conditions and practices of employment in any industry subject to this chapter, and may enter and inspect such places and such records (and make such transcriptions thereof), question such employees, and investigate such facts, conditions, practices, or matters as he may deem necessary or appropriate to determine whether any person has violated any provision of this chapter, or which may aid in the enforcement of the provisions of this chapter. Except as provided in section 212 //[section 12]// of this title and in subsection (b) of this section, the Administrator shall utilize the bureaus and divisions of the Department of Labor for all the investigations and inspections necessary under this section. Except as provided in section 212 //[section 12]//, the Administrator shall bring all actions under section 217 //[section 17]// of this title to restrain violations of this chapter.

(b) With the consent and cooperation of State agencies charged with the administration of State labor laws, the Administrator and the Secretary of Labor may, for the purpose of carrying out their respective functions and duties under this chapter, utilize the services of State and local agencies and their employees and, notwithstanding any other provision of law, may reimburse such State and local agencies and their employees for services rendered for such purposes.

(c) Every employer subject to any provision of this chapter or of any order issued under this chapter shall make, keep, and preserve such records of the persons employed by him and of the wages, 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 the regulations or orders thereunder. The employer of an employee who performs substitute work described in section 207(p)(3) //[section 7(p)(3)]// of this title may not be required under this subsection to keep a record of the hours of the substitute work.

(d) The Administrator is authorized to make such regulations and orders regulating, restricting, or prohibiting industrial homework as are necessary or appropriate to prevent the circumvention or evasion of and to safeguard the minimum wage rate prescribed in this chapter, and all existing regulations or orders of the Administrator relating to industrial homework are continued in full force and effect.

EXEMPTIONS

SEC. 213 //[Section 13]//

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

(1) any employee employed in a bona fide executive, administrative, or professional capacity (including any employee employed in the capacity of academic administrative personnel or teacher in elementary or secondary schools), or in the capacity of outside salesman (as such terms are defined and delimited from time to time by regulations of the Secretary, subject to the provisions of subchapter II of chapter 5 of title 5 //[the Administrative Procedure Act]//, except that an employee of a retail or service establishment shall not be excluded from the definition of employee employed in a bona fide executive or administrative capacity because of the number of hours in his 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 workweek are devoted to such activities); or

(2) *** (Repealed)

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

(3) any employee employed by an establishment which is an amusement or recreational establishment, organized camp, or religious or non-profit educational conference center, if (A) it does not operate for more than seven months in any calendar year, or (B) during the preceding calendar year, its average receipts for any six months of such year were not more than 33 1/3 per centum 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 any employee of a private entity engaged in providing services or facilities (other than, in the case of the exemption from section 206 //[section 6]//, a private entity engaged in providing services and facilities directly related to skiing) in a national park or a national forest, or on land in the National Wildlife Refuge System, under a contract with the Secretary of the Interior or the Secretary of 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 employee employed in the catching, taking, propagating, harvesting, cultivating, or farming of any kind of fish, shellfish, crustacea, sponges, seaweeds, or other aquatic forms of animal and vegetable life, or in the first processing, canning or packing such marine products at sea as an incident to, or in conjunction with, such fishing operations, including the going to and returning from work and loading and unloading when performed by any such employee; or

(6) any employee employed in agriculture (A) if such employee is employed by an employer who did not, during any calendar quarter during the preceding calendar year, use more than five hundred man-days or agricultural labor, (B) if such employee is the parent, spouse, child, or other member of his employer's immediate family, (C) if such employee (i) is employed as a hand harvest laborer and is paid on a piece rate basis in an operation which has been, and is customarily and generally recognized as having been, paid on a piece rate basis in the region of employment, (ii) commutes daily from his permanent residence to the farm on which he is so employed, and (iii) has been employed in agriculture less than thirteen weeks during the preceding calendar year, (D) if such employee (other than an employee described in clause (C) of this subsection) (i) is sixteen years of age or under and is employed as a hand harvest laborer, is paid on a piece rate basis in an operation which has been, and is customarily and generally recognized as having been, paid on a piece rate basis in the region of employment, (ii) is employed on the same farm as his parent or person standing in the place of his parent, and (iii) is paid at the same piece rate as employees over age sixteen are paid on the same farm, or (E) if such employee is principally engaged in the range production of livestock; or

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

(8) any employee employed in connection with the publication of any weekly, semiweekly, or daily newspaper with a circulation of less than four thousand the major part of which circulation is within the county where published or counties contiguous thereto; or

(9) *** (Repealed)

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

(10) any switchboard operator employed by an independently owned public telephone company which has not more than seven hundred and fifty stations; or

(11) *** (Repealed)

//[Note: Section 13(a)(11) (relating to telegraph agency employees) was repealed by section 10 of the Fair Labor Standards Amendments of 1974. The 1974 amendments created an exemption from the overtime provisions only in section 13(b)(23), which was repealed effective 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 to small logging crews) was repealed by section 23 of the Fair Labor Standards Amendments of 1974. The 1974 amendments created an exemption for such employees from the overtime provisions only in section 13(b)(28)]//

(14) *** (Repealed)

//[Note: Section 13(a)(14) (relating to employees employed in growing and harvesting of shade grown tobacco) was repealed by section 9 of the Fair Labor Standards Amendments of 1974. The 1974 amendments created an exemption for certain tobacco producing employees from the overtime provisions only in section 13(b)(22). The section 13(b)(22) exemption was repealed, effective January 1, 1978, by section 5 of the Fair Labor Standards Amendments of 1977.]//

(15) any employee employed on a casual basis in domestic service employment to provide babysitting services or any employee employed in domestic service employment to provide companionship services for individuals who (because of age or infirmity) are unable to care for themselves (as such terms are defined and delimited by regulations of the Secretary).

***

(g) The exemption from section 206 //[section 6]// of this title provided by paragraph (6) of subsection (a) of this section shall not apply with respect to any employee employed by an establishment (1) which controls, is controlled by, or is under common control with, another establishment the activities of which are not related for a common business purpose to, but materially support the activities of the establishment employing such employee; and (2) whose annual gross volume of sales made or business done, when combined with the annual gross volume of sales made or business done by each establishment which controls, is controlled by, or is under common control with, the establishment employing such employee, exceeds $10,000,000 (exclusive of excise taxes at the retail level which are separately stated).

PROHIBITED ACTS

SEC. 215 //[Section 15]//

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

(1) to transport, offer for transportation, ship, deliver, or sell in commerce, or to ship, deliver, or sell with knowledge that shipment or delivery or sale thereof in commerce is intended, any goods in the production of which any employee was employed in violation of section 206 //[section 6]// or section 207 //[section 7]// of this title, or in violation of any regulation or order of the Secretary issued under section 214 //[section 14]// of this title, except that no provision of this chapter shall impose any liability upon any common carrier for the transportation in commerce in the regular course of its business of any goods not produced by such common carrier, and no provision of this chapter shall excuse any common carrier from its obligation to accept any goods for transportation; and except that any such transportation, offer, shipment, delivery, or sale of such goods by a purchaser who acquired them in good faith in reliance on written assurance from the producer that the goods were produced in compliance with the requirements of this chapter, and who acquired such goods for value without notice of any such violation, shall not be deemed unlawful;

(2) to violate any of the provisions of section 206 //[section 6]// or section 207 //[section 7]// of this title, on any of the provisions of any regulation or order of the Secretary issued under section 214 //[section 14]// of this title;

(3) to discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter, or has testified or is about to testify in any such proceeding, or has served or is about to serve on an industry committee;

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

(5) to violate any of the provisions of section 211(c) //[section 11(c)]// of this title, or any regulation or order made or continued in effect under the provisions of section 211(d) //[section 11(d)]// of this title, or to make any statement, report, or record filed or kept pursuant to the provisions of such section or of any regulation or order thereunder, knowing such statement, report, or record to be false in a material respect.

(b) For the purpose of subsection (a)(1) of this section proof that any employee was employed in any place of employment where goods shipped or sold in commerce were produced, within ninety days prior to the removal of the goods from such place of employment, shall be prima facie evidence that such employee was engaged in the production of such goods.

PENALTIES

SEC. 216 //[Section 16]//

(a) Any person who willfully violates any of the provisions of section 215 //[section 15]// of this title shall upon conviction thereof be subject to a fine of not more than $10,000, or to imprisonment for not more than six months, or both. No person shall be imprisoned under this subsection except for an offense committed after the conviction of such person for a prior offense under this subsection.

(b) Any employer who violates the provisions of section 206 //[section 6]// or section 207 //[section 7]// of this title shall be liable to the employee or employees affected in the amount of their unpaid minimum wages, or their unpaid overtime compensation, as the case may be, and in an additional equal amount as liquidated damages. Any employer who violates the provisions of section 215(a)(3) //[section 15(a)(3)]// of this title shall be liable for such legal or equitable relief as may be appr opriate to effectuate the purposes of section 215(a)(3) //[section 15(a)(3)]//, including without limitation employment, reinstatement, promotion, and the payment of wages lost and an additional equal amount as liquidated damages. An action to recover the liability prescribed in either of the preceding sentences may be maintained against any employer (including a public agency) in an Federal or State court of competent jurisdiction by any one or more employees for and in behalf of himself or themselves and other employees similarly situated. No employee shall be a party plaintiff to any such action unless he gives his consent in writing to become such a party and such consent is filed in the court in which such action is brought. The court in such action shall, in addition to any judgment awarded to the plaintiff or plaintiffs, allow a reasonable attorney's fee to be paid by the defendant, and costs of the action. The right provided by this subsection to bring an action by or on behalf of any employee, and the right of any employee to become a party plaintiff to any such action, shall terminate upon the filing of a complaint by the Secretary of Labor in an action under section 217 //[section 17]// in which (1) restraint is sought of any further delay in the payment of unpaid minimum wages, or the amount of unpaid overtime compensation as the case may be, owing to such employee under section 206 //[section 6]// or section 207 //[section 7]// of this title by an employer liable therefore und er the provisions of this subsection or (2) legal or equitable relief is sought as a result of alleged violations of section 215(a)(3) //[section 15(a)(3)]// of this title.

(c) The Secretary is authorized to supervise the payment of the unpaid minimum wages or the unpaid overtime compensation owing to any employee or employees under section 206 //[section 6]// or section 207 //[section 7]// of this title, and the agreement of any employee to accept such payment shall upon payment in full constitute a waiver by such employee of any right he may have under subsection (b) of this section to such unpaid minimum wages or unpaid overtime compensation and an additional equal amount as liquidated damages. The Secretary may bring an action in any court of competent jurisdiction to recover the amount of the unpaid minimum wages or overtime compensation and an equal amount as liquidated damages. The right provided by subsection (b) to bring an action by or on behalf of any employee to recover the liability specified in the first sentence of such subsection and of any employee to become a party plaintiff to any such action shall terminate upon the filing of a complaint by the Secretary in an action under this subsection in which a recovery is sought of unpaid minimum wages or unpaid overtime compensation under sections 206 and 207 //[sections 6 and 7]// of this title or liquidated or other damages provided by this subsection owing to such employee by an employer liable under the provisions of subsection (b) of this section, unless such action is dismissed without prejudice on motion of the Secretary. Any sums thus recovered by the Secretary of Labor on behalf of an employee pursuant to this subsection shall be held in a special deposit account and shall be paid on order of the Secretary of Labor, directly to the employee or employees affected. Any such sums not paid to an employee because of inability to do so within a period of three years shall be covered into the Treasury of the United States as miscellaneous receipts. In determining when an action is commenced by the Secretary of Labor under this subsection for the purposes of the statutes of limitations provided in section 255(a) of this title //[section 6(a) of the Portal-to-Portal Act of 1947]//, it shall be considered to be commenced in the case of any individual claimant on the date when 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 the subsequent date on which his name is added as a party plaintiff in such action.

(d) In any action or proceeding commenced prior to, on, or after August 8, 1956 //[the date of enactment of this subsection]//, no employer shall be subject to any liability or punishment under this chapter or the Portal-to-Portal Act of 1947 //[29 U.S.C. 251 et seq.]// or on account of his failure to comply with any provision or provisions or such Act (1) with respect to work heretofore or hereafter performed in a work place to which the exemption in section 213(f) //[section 13(f)]// is applicable, (2) with respect to work performed in Guam, the Canal Zone or Wake Island before the effective date of this amendment 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 provided therein, of a minimum wage rate applicable to such work.

(e) Any person who violates the provisions of section 212 of this title, relating to child labor, or any regulation issued under that section, shall be subject to a civil penalty of not to exceed $10,000 for each employee who was the subject of such a violation. Any person who repeatedly or willfully violates section 206 or 207 of this title shall be subject to a civil penalty of not to exceed $1,000 for each such violation. In determining the amount of any penalty under this subsection, the appropriateness of such penalty to the size of the business of the person charged and the gravity of the violation shall be considered. The amount of any penalty under this subsection, when finally determined, may be-

(1) deducted from any sums owing by the United States to the person charged;

(2) recovered in a civil action brought by the Secretary in any court of competent jurisdiction, in which litigation the Secretary shall be represented by the Solicitor of Labor; or

(3) ordered by the court, in an action brought for a violation of section 215(a)(4) of this title or a repeated or willful violation of section 215(a)(2) of this title, to be paid to the Secretary.

Any administrative determination by the Secretary of the amount of any penalty under this subsection shall be final, unless within fifteen days after receipt of notice thereof by certified mail the person charged with the violation takes exception to the determination that the violations for which the penalty is imposed occurred, in which event final determination of the penalty shall be made in an administrative proceeding after opportunity for hearing in accordance with section 554 of Title 5, and regulations to be promulgated by the Secretary. Except for civil penalties collected for violations of section 212 of this title, sums collected as penalties pursuant to this section shall be applied toward reimbursement of the costs of determining the violations and assessing and collecting such penalties, in accordance with the provisions of section 9a of this title. Civil penalties collected for violations of section 212 of this title shall be deposited in the general fund of the 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 District Court of the Virgin Islands, and the District Court of Guam shall have jurisdiction, for cause shown, to restrain violations of section 215 //[section 15]// of this title, including in the case of violations of section 15(a)(2) of this title the restraint of any withholding of payment of minimum wages or overtime compensation found by the court to be due to employees under this chapter (except sums which employees are barred from recovering, at the time of the commencement of the action to restrain the violations, by virtue of the provisions of section 255 of this title //[section 6 of the Portal-to-Portal Act of 1947]//.

RELATION TO OTHER LAWS

SEC. 218 //[Section 18]//

(a) No provision of this chapter or of any order thereunder shall excuse noncompliance with any Federal or State law or municipal ordinance establishing a minimum wage higher than the minimum wage established under this chapter or a maximum workweek lower than the maximum workweek established under this chapter, and no provision of this chapter relating to the employment of child labor shall justify noncompliance with any Federal or State law or municipal ordinance establishing a higher standard than the standard established under this chapter. No provision of this chapter shall justify any employer in reducing a wage paid by him which is in excess of the applicable minimum wage under this chapter, or justify any employer in increasing hours of employment maintained by him which are shorter than the maximum hours applicable under this chapter.

SEPARABILITY OF PROVISIONS

SEC. 219 //[Section 19]//

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

Approved June 25, 1938.

//[In the following excerpts from the Portal-to-Portal Act of 1947, the authority given to the Secretary of Labor is exercised by the Equal Employment Opportunity Commission for purposes of enforcing the Equal Pay Act of 1963.]//

PART IV - MISCELLANEOUS

SEC. 255 //[Section 6]// Statute of Limitations.

Any action commenced on or after May 14, 1947 //[the date of the enactment of this Act]//, to enforce any cause of action for unpaid minimum wages, unpaid overtime compensation, or liquidated damages, 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 et seq.]//, or the Bacon-Davis Act //[40 U.S.C. 276a et seq.]//-

(a) if 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, and every such action shall be forever barred unless commenced within two years after the cause of action accrued, except that a cause of action arising out a willful violation may be commenced within three years after the cause of action accrued;

SEC. 256 //[Section 7]// Determination of Commencement of Future Actions.

In determining when an action is commenced for the purposes of section 255 //[section 6//] of this title, an action commenced on or after 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 et seq.]//, or the Bacon-Davis Act //[40 U.S.C. 276a et seq.]//, shall be considered to be commenced on the date when the complaint is filed; except that in the case of a collective or class action instituted under the Fair Labor Standards Act of 1938, as amended, or the Bacon-Davis Act, it shall be considered to be commenced in the case of any individual claimant-

(a) on the date when the complaint is filed, if he is specifically named as a party plaintiff in the complaint and his written consent to become a party plaintiff is filed on such date in the court in which the action is brought; or

(b) if such written consent was not so filed or if his name did not so appear-on the subsequent date on which such written consent is filed in the court in which the action was commenced.

SEC. 259 //[Section 10]// Reliance in Future on Administrative Rulings, Etc.

(a) In any action or proceeding based on any act or omission on or after May 14, 1947 //[the date of the enactment of this Act]//, no employer shall be subject to any liability or punishment for or on account of the failure of the employer to pay minimum wages or overtime compensation 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 et seq.]//, or the Bacon-Davis Act //[40 U.S.C. 276a et seq.]//, if he pleads and proves that the act or omission complained of was in good faith in conformity with and in reliance on any written administrative regulation, order, ruling, approval, or interpretation, of the agency of the United States specified in subsection (b) of this section, or any administrative practice or enforcement policy of such agency with respect to the class of employers to which he belonged. Such a defense, if established, shall be a bar to the action or proceeding, notwithstanding that after such act or omission, such administrative regulation, order, ruling, approval, interpretation, practice, or enforcement policy is modified or rescinded or is determined by judicial authority to be invalid or of no legal effect.

(b) The 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 of the Wage and Hour Division of the Department of Labor;

SEC. 260 //[Section 11]// Liquidated Damages.

In any action commenced prior to or on or after May 14, 1947 //[the date of the enactment of this Act]// to recover unpaid minimum wages, unpaid overtime compensation, or liquidated damages, under the Fair Labor Standards Act of 1938, as amended, //[29 U.S.C. 201 et seq.]// if the employer shows to the satisfaction of the court that the act or omission giving rise to such action was in good faith and that he had reasonable grounds for believing that his act or omission was not a violation of the Fair Labor Standards Act of 1938, as amended, //[29 U.S.C. 201 et seq.]// the court may, in its sound discretion, award no liquidated damages or award any amount thereof not to exceed the amount specified in section 216 //[section 16]// of this title.

SEC. 262 //[Section 13]// Definitions.

(a) When the terms "employer," "employee," and "wage" are used in this chapter in relation to the Fair Labor Standards Act of 1938, as amended, //[29 U.S.C. 201 et seq.]// they shall have the same meaning as when used in such Act of 1938.

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

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

Not Reprinted in U.S. Code //[Section 15]// Short Title.

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

Approved May 14, 1947.

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