,,ii #aadth ,,congress #b;d ,session ,s4 #bggc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #aa1 #bjaf,ms4 ,ayotte 7for herself1 ,mrs4 ,capito1 ,mr4 ,portman1 ,mr4 ,burr1 and ,mr4 ,heller7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,fair ,labor ,standards ,act of #aich to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,gender ,advancement in ,pay ,act or the ,,gap ,act4 #b4 ,enhanced prohibition on wage discrimination ,section #f7;d7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7;d77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in clause 7iii71 by striking or at the end2 7,b7 by redesignating clause 7iv7 as clause 7vi72 7,c7 by inserting before clause 7vi71 as redesignated by subparagraph 7,b7 of this paragraph1 the following3 7iv7 a differential based on expertise2 7v7 a shift differential2 or2 and 7,d7 in clause 7vi71 as redesignated by subparagraph 7,b7 of this paragraph1 by striking any other factor other than sex and inserting a business-related factor other than sex1 including but not limited to education1 training1 or experience2 7#b7 by redesignating paragraph 7#d7 as paragraph 7#e72 and 7#c7 by inserting after paragraph 7#c7 the following3 7#d7 ,if a charge is filed by or on behalf of an employee for a violation of title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq471 and an action is brought by or on behalf of the employee for a violation of this subsection1 with respect to the same practice1 or if an action is brought before the ,equal ,employment ,opportunity ,commission by or on behalf of the employee for a violation of this subsection1 the statute of limitations for the action involved under section #f of the ,portal-to-,portal ,act of #aidg 7#bi ,u4,s4,c4 #bee7 shall be tolled until the earlier of-- 7,a7 the date on which the ,equal ,employment ,opportunity ,commission or the ,attorney ,general brings an action or provides notification to the employee with respect to the charge under section #gjf7;f77#a7 of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#e7;f77#a772 or 7,b7 the date that is #bgj days after the date on which such charge is filed4 4 #c4 ,nonretaliation provision ,section #ae of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bae7 is amended-- 7#a7 in subsection 7a77#c71 by striking employee has filed and all that follows and inserting employee-- 7,a7 has made a charge or filed any complaint or instituted or caused to be instituted any investigation1 proceeding1 hearing1 or action under or related to this ,act1 including an investigation conducted by the employer1 or has testified or is planning to testify or has assisted or participated in any manner in any such investigation1 proceeding1 hearing1 or action1 or has served or is planning to serve on an industry committee2 or 7,b7 has inquired about1 discussed1 or disclosed the wages of the employee or another employee1 or has declined to discuss or disclose the wages of the employee2 2 and 7#b7 by adding at the end the following3 7c7 7#a7 ,subsection 7a77#c77;,b7 shall not apply to an instance in which an employee who has access to the wage information of other employees as a part of such employee's essential job functions discloses the wages of any of such other employees to an individual who does not otherwise have access to such information1 unless such disclosure is in response to a charge or complaint or in furtherance of an investigation1 proceeding1 hearing1 or action under or related to section #f7;d71 including an investigation conducted by the employer4 7#b7 ,any employer who requires an employee to sign a contract or waiver that would prohibit the employee from disclosing information about the employee's wages shall be considered to have committed an unlawful act under subsection 7a77#c77;,b74 7#c7 ,nothing in this subsection shall be construed to limit the rights of an employee provided under any other provision of law4 4 #d4 ,civil penalty ,section #af7;e7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baf7;e77 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 by striking 7#b7 and inserting 7#b77;,a72 and 7,b7 by adding at the end the following3 7,b7 7i7 ,any person who willfully violates section #f7;d7 shall be subject to-- 7,i7 a civil penalty in an amount described in clause 7ii7 for each employee affected 7less the amount of any penalty the person has paid under ,state law for the wage differential involved72 and 7,,ii7 any penalty that may apply under subparagraph 7,a74 7ii7 ,the amount referred to in clause 7i77,i7 shall be-- 7,i7 for an employer with not more than #ajj employees1 the lesser of the amount of the liquidated damages available under subsection 7b7 or 7c71 or #b1ejj2 7,,ii7 for an employer with not less than #aja and not more than #bjj employees1 the lesser of the amount of the liquidated damages available under subsection 7b7 or 7c71 or #e1jjj2 7,,iii7 for an employer with not less than #bja and not more than #ejj employees1 the lesser of the amount of the liquidated damages available under subsection 7b7 or 7c71 or #aj1jjj2 and 7,,iv7 for an employer with not less than #eja employees1 the lesser of the amount of the liquidated damages available under subsection 7b7 or 7c71 or #ae1jjj4 2 7#b7 in paragraph 7#c71 in the first sentence1 by striking this subsection and inserting #8#8this subsection 7other than paragraph 7#b77;,b772 and 7#c7 in paragraph 7#e7-- 7,a7 in the first sentence1 by striking violations of section #ab and inserting violations of section #f7;d7 or section #ab2 and 7,b7 by inserting after the first sentence the following3 ,civil penalties collected for violations of section #f7;d7 shall be deposited in the account created under section #e7;d7 of the ,,gap ,act44 #e4 ,study on high-wage1 high-demand occupations and equivalent pay 7a7 ,joint ,study ,using funds from the account created under subsection 7d71 the ,secretary of ,labor1 together with the ,secretary of ,education1 shall conduct a multistate study1 through a grant to a nonprofit research institution1 that includes strategies to increase the participation of women in-- 7#a7 high-wage1 high-demand occupations2 and 7#b7 industries in which women are underrepresented4 7b7 ,comptroller ,general ,study ,using funds from the account created under subsection 7d71 the ,comptroller ,general of the ,united ,states shall conduct a multistate study to develop strategies described in subsection 7a74 7c7 ,reports ,not later than #b years after the date of enactment of this ,act-- 7#a7 the ,secretary of ,labor and the ,secretary of ,education shall submit to ,congress a report containing-- 7,a7 a statement of the findings and conclusions of the study under subsection 7a72 and 7,b7 any recommendations the ,secretary of ,labor and the ,secretary of ,education consider appropriate based on their conclusions2 7#b7 the ,comptroller ,general shall submit to ,congress a report containing-- 7,a7 a statement of the findings and conclusions of the study under subsection 7b72 and 7,b7 any recommendations the ,comptroller ,general considers appropriate based on its conclusions2 and 7#c7 the ,secretary of ,labor1 the ,secretary of ,education1 and the ,comptroller ,general shall make available to the public the reports described in this subsection4 7d7 ,accounts 7#a7 ,in general ,the ,secretary of ,labor shall create an account to manage the funds required to conduct the studies under subsections 7a7 and 7b7 and to complete the reports under subsection 7c74 ,the account shall contain the civil penalties collected under section #af7;e77#b7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baf7;e77#b774 7#b7 ,withdrawal of funds ,the ,secretary of ,labor is authorized to withdraw funds from the account created under subsection 7d7 to carry out the joint study under subsection 7a74 7#c7 ,transfer of funds ,at the request of the ,comptroller ,general1 the ,secretary of ,labor shall transfer to the ,comptroller ,general the funds required to carry out the study under subsection 7b74 #f4 ,small ,business ,assistance 7a7 ,effective date ,this ,act and the amendments made by this ,act shall take effect on the date that is #f months after the date of enactment of this ,act4 7b7 ,technical assistance materials ,the ,secretary of ,labor and the ,equal ,employment ,opportunity ,commission shall jointly develop technical assistance materials to assist small businesses in complying with the requirements of this ,act and the amendments made by this ,act4 7c7 ,small ,businesses ,a small business shall be exempt from the provisions of this ,act1 and the amendments made by this ,act1 to the same extent that such business is exempt from the requirements of the ,fair ,labor ,standards ,act of #aich pursuant to clauses 7i7 and 7ii7 of section #c7s77#a77;,a7 of such ,act 7#bi ,u4,s4,c4 #bjc7s77#a77;,a774 #g4 ,rule of ,construction ,nothing in this ,act1 or in any amendment made by this ,act1 shall affect the obligation of employers and employees to fully comply with all applicable immigration laws1 including any penalties1 fines1 or other sanctions4