Workers' Minimum Wage and Overtime Rights Restoration Act of 2008

A bill to restore, reaffirm, and reconcile legal rights and remedies under civil rights statutes.

1/24/2008--Introduced.
Civil Rights Act of 2008 - Amends the Civil Rights Act of 1964, the Education Amendments of 1972, and the Age Discrimination Act of 1975 to set forth requirements for:
(1) establishing discrimination based on disparate impact; and
(2) rights of action and recovery for unlawful discrimination (intentional or based on disparate impact). Amends those Acts and the Rehabilitation Act of 1973 to set forth requirements regarding a right of recovery for harassment. Amends the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), the Age Discrimination in Employment Act of 1967 (ADEA), and the Fair Labor Standards Act of 1938 (FLSA) to provide that a state's receipt or use of federal financial assistance for a state program or activity constitutes a waiver of sovereign immunity for a suit by a program employee. Amends the Air Carrier Access Act of 1986 to authorize civil actions in federal court for discrimination based on disability. Settlement Encouragement and Fairness Act - Modifies the definition of "prevailing party" for purposes of provisions governing the recovery of attorney's fees to include a party whose pursuit of a non-frivolous claim or defense was a catalyst for a voluntary or unilateral change in position by the opposing party that provides any significant part of the relief sought. Preservation of Civil Rights Protections Act of 2008 - Makes arbitration clauses in employment contracts unenforceable, with exceptions. Authorizes recovery of expert fees by prevailing parties in civil rights actions. Equal Remedies Act of 2008 - Repeals provisions limiting the amount of compensatory and punitive damages that may be awarded in cases of intentional discrimination in employment. Amends the FLSA to revise provisions governing discrimination in the payment of wages, including equal pay requirements. Amends the Immigration and Nationality Act to prohibit denying back-pay or other monetary relief for unlawful employment practices against undocumented immigrant workers. Applies specified provisions of this act to violations pending as of enactment or occurring prior to enactment.


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Sponsor

• Sen. Edward Kennedy [D, MA]
• and 19 Co-Sponsors
  • Sen. Daniel Akaka [D, HI]
  • Sen. Jeff Bingaman [D, NM]
  • Sen. Barbara Boxer [D, CA]
  • Sen. Sherrod Brown [D, OH]
  • Sen. Maria Cantwell [D, WA]
  • Sen. Benjamin Cardin [D, MD]
  • Sen. Hillary Clinton [D, NY]
  • Sen. Christopher Dodd [D, CT]
  • Sen. Richard Durbin [D, IL]
  • Sen. Russell Feingold [D, WI]
  • Sen. Thomas Harkin [D, IA]
  • Sen. John Kerry [D, MA]
  • Sen. Frank Lautenberg [D, NJ]
  • Sen. Patrick Leahy [D, VT]
  • Sen. Robert Menendez [D, NJ]
  • Sen. Barbara Mikulski [D, MD]
  • Sen. Patty Murray [D, WA]
  • Sen. Barack Obama [D, IL]
  • Sen. Charles Schumer [D, NY]
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Committees

• Senate Health, Education, Labor, and Pensions

Amendments

This bill has no amendments.

Amendments to S.2554

Number	Status	Purpose

Bill Status

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Introduced		Voted on by Senate		Voted on by House		Considered By President		Bill Becomes Law
January 24, 2008

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All Bill Actions

• Jan 24, 2008: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
• Jan 24, 2008: Sponsor introductory remarks on measure. (CR S286)
• Introduced on Jan 24, 2008.

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Related Bills:

• H.R.5129

Related Issue Areas:

• Women
• Wages
• Wage restitution
• Veterans' employment
• 34 more
• Veterans
• Transportation and the disabled
• Transportation
• State employees
• State and local government
• Sexual harassment
• Sex discrimination
• Punitive damages
• Pay equity
• Minimum wages
• Mediation
• Legal fees
• Law
• Labor contracts
• Labor
• Immigration
• Illegal aliens
• Government liability
• Government employees
• Expert witnesses
• Employee rights
• Education
• Discrimination in employment
• Discrimination in education
• Discrimination against the disabled
• Disabled
• Damages
• Civil rights enforcement
• Alien labor
• Airline passenger traffic
• Aged
• Age discrimination
• Actions and defenses
• Civil rights

Data from the Congressional Research Service

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In the News

February 13, 2008 When It Comes to Controversy, Baltimore City Council Members Abstain

The next resolution on the agenda, 0014R--In Support of Federal Legislation--S.2554--the Civil Rights Act of 2008, was announced after Henry's resolution. ...

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Source: Baltimore City Paper, MD

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February 13, 2008 Civil rights bill strengthens protections

Edward Kennedy, (D-MA), and US Congressman John Lewis in co-sponsoring the Civil Rights Act of 2008, S. 2554, which would reinstate accountability for ...

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Source: Baltimore Community Times, MD

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February 13, 2008 When It Comes to Controversy, Baltimore City Council Members Abstain

The next resolution on the agenda, 0014R--In Support of Federal Legislation--S.2554--the Civil Rights Act of 2008, was announced after Henry's resolution. ...

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Source: Baltimore City Paper, MD

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Blog Coverage

March 08, 2008 "Civil Rights Act of 2008" admits illegal aliens "undermine the living standards and working conditions of all Americans" (Kennedy, Clinton, Obama)

From our "Isn't it Ironic" file comes the "Civil Rights Act of 2008", brainchild of Senator Ted Kennedy (S.2554, link). Among no doubt many other things, it seeks to close a defense that employers can...

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Source: Lonewacko: Immigration, Politics, Media Bias, Multiculturalism, Privacy, Los Angeles, California

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February 15, 2008 WLF Vote Center February 2008 Newsletter

The Civil Rights Act of 2008, (S.2554 and hr 5129), was introduced by Senator Kennedy (D-MA), and Congressman John Lewis (D-GA), respectively, at the end of January. These companion bills are intended to preserve fundamental civil ...

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Source: john mccain: election news

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February 06, 2008 CIVIL RIGHTS ACT OF 2008 INTRODUCED

Kennedy (D-MA) and Congressman John Lewis (D-GA) introduced the Civil Rights Act of 2008 (S. 2554/HR 5129). The Senate bill has 19 co-sponsors, including Democratic presidential candidates, Senators Clinton and Obama. ...

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Source: OFCCP Blog Spot

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