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Legal Issues In Human Resources |
Equal Pay Act of 1963
EDITOR'S NOTE: The following is the text of the Equal Pay Act of 1963 (Pub. L.
88-38) (EPA), as amended, as it appears in volume 29 of the United States Code,
at section 206(d). The EPA, which is part of the Fair Labor Standards Act of
1938, as amended (FLSA), and which is administered and enforced by the EEOC
prohibits sex-based wage discrimination between men and women in the same
establishment who are perfroming under similar working conditions. Cross
references to the EPA as enacted appear in italics following the section
heading. Additional provisions of the EPA are included as they appear in volume
29 of the United States Code.
MINIMUM WAGE
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
Declaration Of Purpose
Not
Reprinted in
(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
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 there from 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 there under.
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 appropriate
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
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
(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
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
This Act may be cited as the "Portal-to-Portal Act of 1947."
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