Senate Democrats continue to push pay equity as a pre-November election theme. On Wednesday, the Paycheck Fairness Act (S. 2199) resurfaced to serve this purpose. Supporters of the bill needed at least 60 votes on a motion to proceed to consideration of the measure. The chamber voted 73-25 in favor of proceeding.
Articles Discussing Equal Pay In The Workplace.
Senate Once Again Blocks Paycheck Fairness Act
As expected, Senate supporters of the Paycheck Fairness Act (S. 2199) failed to muster the 60 votes needed to advance the bill to a floor vote. This bill would have, among other things, expanded damages available under the Equal Pay Act (EPA) to include potentially unlimited compensatory and punitive awards for wage discrimination; weakened an employer’s ability to raise the “factor other than sex” affirmative defense in a wage discrimination case; eased the requirements for bringing a class action lawsuit under the EPA; made it unlawful for an employer to prevent employees from discussing or comparing salaries; and imposed additional compensation reporting requirements on employers. The measure needed an additional six votes to ensure filibuster-proof consideration.
President Obama Poised to Enact Provisions of Paycheck Fairness Act Through Executive Action
Because the House of Representatives is not expected to consider the Paycheck Fairness Act (S. 2199) this term, President Obama will reportedly implement provisions of this measure applicable to federal contractors via Executive actions on Tuesday. The move will coincide with Equal Pay Day, and is the latest in a series of recent Presidential actions designed to implement employment law reform by bypassing Congress.
Senate Committee Discusses Paycheck Fairness Act
In advance of an expected floor vote, the Senate Committee on Health, Education, Labor and Pensions held a hearing on April 1 to discuss the merits of the Paycheck Fairness Act (S. 84). Sen. Barbara A. Mikulski (MD), chief sponsor of the legislation, said the Senate needs to “finish the job started by the Lily Ledbetter” Fair Pay Act. The bill, which has been introduced several times in the last few years but has failed to advance, would make the following changes to current wage law:
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