Equal Pay Act of 1963, as amended
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,
(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 United States of America in Congress assembled, That this Act may be cited as the "Equal Pay Act of 1963." *** DECLARATION OF PURPOSE Not Reprinted in U.S. Code [Section 2] (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 U.S. Code [Section 4] 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
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
(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
(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
(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
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
(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
(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
(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
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
(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
(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
(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)
(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
(1) deducted from any sums owing by the United States to the person charged; (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
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
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
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
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
(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,
(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
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 U.S. Code [Section 14] Separability. 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 U.S. Code [Section 15] Short Title. This Act may be cited as the "Portal-to-Portal Act of 1947." Approved May 14, 1947.
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