OpenCongress - U.S. Congress - H.R.1338 Paycheck Fairness Act

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Paycheck Fairness Act

To amend the Fair Labor Standards Act of 1938 to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex, and for other purposes.

Other Bill Titles (2 more)

3/6/2007--Introduced.
Paycheck Fairness Act - Amends the portion of the Fair Labor Standards Act of 1938 (FLSA) known as the Equal Pay Act to revise remedies for and enforcement of prohibitions against sex discrimination in the payment of wages to:
(1) add nonretaliation r... morehide bill summarySee Full Bill Text

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Amendments

This bill has 6 amendments. See All AmendmentsHide All Amendments

Amendments to H.R.1338

Number	Status	Purpose
H.Amdt1144	Pass	An amendment numbered 1 printed in House Report 110-807 to strike Section 3(b), "Application of Provisions," from the bill.
H.Amdt1145	Fail	An amendment numbered 2 printed in House Report 110-807 to direct the Secretary of Labor to study and report back to Congress within 90 days the effect of the Equal Pay Act amendments contained in the bill (section 3) on employers' ability to recruit and hire employees regardless of gender; the effective date of these amendments is delayed pending the Secretary's report. If the Secretary finds that these amendments are likely to significantly hinder employers' ability to hire and recruit employees regardless of gender, they do not go into effect.
H.Amdt1146	Pass	An amendment numbered 3 printed in House Report 110-807 to delay the effective date of the bill by six months from the time of enactment. The amendment requires the Department of Labor to educate small businesses about what is required under law and assist them with compliance.
H.Amdt1147	Pass	An amendment numbered 4 printed in House Report 110-807 to clarify that a plaintiff must show intent (malice or reckless indifference) to recover punitive damages.
H.Amdt1148	Pass	An amendment numbered 5 printed in House Report 110-807 to clarify that nothing in the Paycheck Fairness Act would affect the obligation of employers and employees to fully comply with all the applicable immigration laws.
H.Amdt1149	Pass	An amendment numbered 6 printed in House Report 110-807 to prohibit the grant program created by the Paycheck Fairness Act from being used for Congressional earmarks.

Bill Status

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Introduced		Voted on by House		Voted on by Senate		Considered By President		Bill Becomes Law
March 06, 2007		July 31, 2008

Latest Vote

July 31, 2008Roll call number 556 in the House
Question: On Passage: H R 1338 Paycheck Fairness Act
Required percentage of 'Aye' votes: 1/2 (50%)	Percentage of 'aye' votes: 56%	Result: Passed

Date	Chamber	Question	Aye	Nay	Result
July 31, 2008	House	H.R.1338 Paycheck Fairness Act On Passage: H R 1338 Paycheck Fairness Act	247	178	Passed	See Vote
July 31, 2008	House	H.R.1338 Paycheck Fairness Act On Motion to Recommit with Instructions: H R 1338 Paycheck Fairness Act	189	236	Failed	See Vote
July 31, 2008	House	H.R.1338 Paycheck Fairness Act On Agreeing to the Amendment: Amendment 5 to H R 1338	410	16	Agreed to	See Vote
July 31, 2008	House	H.R.1338 Paycheck Fairness Act On Agreeing to the Amendment: Amendment 4 to H R 1338	397	29	Agreed to	See Vote
July 31, 2008	House	H.R.1338 Paycheck Fairness Act On Agreeing to the Amendment: Amendment 3 to H R 1338	426	1	Agreed to	See Vote
July 31, 2008	House	H.R.1338 Paycheck Fairness Act On Agreeing to the Amendment: Amendment 2 to H R 1338	188	240	Failed	See Vote

See Full Voting History (6 votes)Hide Voting History Show All Actions (41 actions)Hide Actions

All Bill Actions

Aug 01, 2008: Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Jul 31, 2008: The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 1338.
Passed roll in the House on Jul 31, 2008. On passage Passed by recorded vote: 247 - 178 (Roll no. 556).
Jul 31, 2008: On motion to recommit with instructions Failed by recorded vote: 189 - 236 (Roll no. 555).
Jul 31, 2008: The previous question on the motion to recommit with instructions was ordered without objection.
Jul 31, 2008: DEBATE - The House proceeded with 10 minutes of debate on the Price (GA) motion to recommit with instructions. The instructions contained in the motion seek to report the bill back to the House with an amendment.
Jul 31, 2008: Mr. Price (GA) moved to recommit with instructions to Education and Labor.
Jul 31, 2008: The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
Jul 31, 2008: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1338.
Jul 31, 2008: UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question on adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
Jul 31, 2008: DEBATE - Pursuant to the provisions of H. Res. 1388, the Committee of the Whole proceeded with ten minutes of debate on the Flake amendment.
Jul 31, 2008: POSTPONED PROCEEDINGS - At the conclusion of debate on the Cazayoux amendment the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Andrews demanded a recorded vote and pursuant to the rule, the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
Jul 31, 2008: DEBATE - Pursuant to the provisions of H. Res. 1388, the Committee of the Whole proceeded with ten minutes of debate on the Cazayoux amendment.
Jul 31, 2008: POSTPONED PROCEEDINGS - At the conclusion of debate on the Giffords amendment the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Giffords demanded a recorded vote and pursuant to the rule, the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
Jul 31, 2008: DEBATE - Pursuant to the provisions of H. Res. 1388, the Committee of the Whole proceeded with ten minutes of debate on the Giffords amendment.
Jul 31, 2008: POSTPONED PROCEEDINGS - At the conclusion of debate on the Altmire amendment the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Altmire demanded a recorded vote and pursuant to the rule, the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
Jul 31, 2008: DEBATE - Pursuant to the provisions of H. Res. 1388, the Committee of the Whole proceeded with ten minutes of debate on the Altmire amendment.
Jul 31, 2008: POSTPONED PROCEEDINGS - At the conclusion of debate on the Price (GA) amendment the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Price (GA) demanded a recorded vote and pursuant to the rule, the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
Jul 31, 2008: DEBATE - Pursuant to the provisions of H. Res. 1388, the Committee of the Whole proceeded with ten minutes of debate on the Price (GA) amendment.
Jul 31, 2008: DEBATE - Pursuant to the provisions of H. Res. 1388, the Committee of the Whole proceeded with ten minutes of debate on the Bean amendment.
Jul 31, 2008: GENERAL DEBATE - The Committee of the Whole continued with general debate on H.R. 1338.
Jul 31, 2008: The House resolved into Committee of the Whole House on the state of the Union for further consideration.
Jul 31, 2008: Considered as unfinished business.
Jul 31, 2008: Committee of the Whole House on the state of the Union rises leaving H.R. 1338 as unfinished business.
Jul 31, 2008: GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 1338.
Jul 31, 2008: The Speaker designated the Honorable Michael E. Capuano to act as Chairman of the Committee.
Jul 31, 2008: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 1388 and Rule XVIII.
Jul 31, 2008: Rule provides for consideration of H.R. 1338 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI.
Jul 31, 2008: Considered under the provisions of rule H. Res. 1388.
Jul 31, 2008: Rule H. Res. 1388 passed House.
Jul 30, 2008: Rules Committee Resolution H. Res. 1388 Reported to House. Rule provides for consideration of H.R. 1338 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI.
Added to calendar on Jul 28, 2008: Placed on the Union Calendar, Calendar No. 502..
Jul 28, 2008: Reported (Amended) by the Committee on Education and Labor. H. Rept. 110-783.
Added to calendar on Jul 24, 2008: Ordered to be Reported Without Recommendation (Amended) by the Yeas and Nays: 26 - 17..
Jul 24, 2008: Committee Consideration and Mark-up Session Held.
Jul 24, 2008: Subcommittee on Workforce Protections Discharged.
Jul 11, 2007: Subcommittee Hearings Held.
Jun 06, 2007: Sponsor introductory remarks on measure. (CR H6012)
Jun 05, 2007: Referred to the Subcommittee on Workforce Protections.
Mar 06, 2007: Referred to the House Committee on Education and Labor.
Introduced on Mar 06, 2007.

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In the News

August 07, 2008 Pay disparity legislation may help mend female wage gap

Rosa DeLauro (D-CT) introduced HR 1338, The Paycheck Fairness Act. Among many things, the act would: Require employers seeking to justify unequal pay to ...

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Source: OhMyGov!, DC

August 05, 2008 Paycheck Fairness Act Passes House

Last week, the Paycheck Fairness Act (HR 1338) passed the House by a vote of 247-178. The measure, which would lift the cap on damages that can be awarded ...

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Source: Occupational Health Safety, TX

August 05, 2008 House oks Paycheck Fairness Act for female workers

Bush's Office of Management and Budget said his senior advisors would strongly recommend he veto HR 1338. They charge it would open the way to unlimited ...

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Source: People's Weekly World

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November 01, 2008 Black Enterprise - Equal work, equal pay: Congress seeks to make ...

November 1, 2008 -- WOMEN ACROSS AMERICA ARE CLAIMING A SMALL victory thanks to the passage of a bill designed to end gender-based pay discrimination. HR 1338, the...

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Source: findarticles - Search Alert -

October 22, 2008 Bill For Georgia Blogosphere: Jack Kingston: Before Bachman, Worse ...

Jack voted against equal pay for equal work for women (HR 1338) and against the establishment of the Office of Congressional Ethics (HR 1031). I think they need a whole building on ethics, not just an office. ...

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Source: Bill For Georgia Blogosphere

October 22, 2008 Paycheck Fairness Bill Necessary to Strengthen Equal Pay Protections

Washington, DC - The American Civil Liberties Union urges the House of Representatives to pass HR 1338, the Paycheck Fairness Act, which would amend the Equal Pay Act, one of the most important laws addressing pay discrimination. ...

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Source: society / rights human rights news stories...

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Paycheck Fairness Act