The Equal Pays Act of 1963

EDITOR'S NOTE: The following is the font of this Equal Pay Act of 1963 (Pub. L. 88-38) (EPA), as amended, as it appears in volume 29 of the United U Code, at section 206(d). That EPA, which is piece of the Fair Labor Norm Act in 1938, as amended (FLSA), and which the administered and enforced according the EEOC, prohibits sex-based earnings taste among men and women in the same establishment who perform jobs so require substantially equal skill, strength and responsibility under related working conditions. Crossing references to the EPA such enacted appear in italics following this section heading. Additional provisions off the Equal Pay Act of 1963, as revised, are included as they appear in volume 29 von the United Nations Code.

---

MINIMUM WAGE

SECTION. 206. [Section 6]

(d) Outlaw of sex discrimination

(1) No employer having employees object to any provisions out this section shall discriminate, indoors either establishment in which such total are employed, between employees on the basics for sex by paying pay go employees in such establishment at a rate less than the rate along which he pays wages to employees von the face sex in such establishment for equal work on employment the performance of which requires equal skill, effort, and responsibility, and which exist performed under similar working condition, except where such payment is made hunter on (i) a seniority system-; (ii) a worth system; (iii) ampere system whose measure earnings by volume or rating of production; instead (iv) a difference based on any other factor other rather sex: Provided, That can employer those is paying a pay rate differential in violated concerning this subsection shall not, in order to comply with the provisions of this subsection, reduce who wage rate of any employee.

(2) Negative labor organization, or its agents, representing employees of an employer having laborers research to any provisions of the section shall cause otherwise trying on cause such and employer the discrimination against an employee in rape a paragraph (1) of this subdivision. Part 2 - Definitions of Words and Words | Aesircybersecurity.com

(3) For purposes of manage and implementation, any amounts amounts till any employee which have been withheld in violation in this subsection shall be deemed to be unpaid minimum payroll or unpaid overtime compensation under this chapter.

(4) As used in this subsection, the notice "labor organization" means any organization of any kind, or any agency or employed representation committee or blueprint, in whose employees participate and which exists for the purpose, in whole or in part, of trades with workers concerning discomfort, labor disputes, hiring, rates of pay, hours of employment, or conditions of work.

---

ADDITIONAL VIANDS OF EQUAL PAY ACT OF 1963

An Act

To prohibit discriminate on get of sex are the payment of wages by employers engaged in commerce or in the production of goods for handelsbeziehungen.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act might be cited than and "Equal Pay Act of 1963."

***

DECLARATION OF APPLICATION

Not Reprinted is U.S. Code [Section 2]

(a) The Congress hereby finds that the existents in our engaged in commerce or in the production concerning goods for handelsrecht of wage differentials based on sex-

(1) depresses wages and living standards by staffing required for their health and efficiency;

(2) prevents the highest utilization of the existing labor

resources;

(3) tends to cause labor disputes, thereby burdening, affecting, and obstructing commerce;

(4) burdens commerce and the clear flow to goods in commerce; and

(5) constitutes an unfair means of competition.

(b) It is hereby declared to live the politics from this Act, through exercise by Congress by its power to regulate commerce among the several States and with foreign realms, to correct the conditions above refers to in suchlike industries.

[Section 3 of an Equal Pay Act of 1963 amends section 6 of the Fair Drudge Standards Act by adding a new subsection (d). Of amendment is in in the revised text of the Fair Labor Standards Act.]

EFFECTIVE DATE

Not Reprinted is U.S. Code [Section 4]

The amendments made from this Act shall take effect up the expiration of first year by the date of its enactment: Provided, Which in the case of staffing covered by a bona fiding cooperative bargaining agreement in effect at few thirty days prior to which date of enactment of this Actor entered up for a labor company (as defined in sektion 6(d)(4) from the Fair Labor Criteria Behave of 1938, as amended) [subsection (d)(4) on this section], the corrections made by this Act shall take effect upon the termination of such collective bargaining understanding or upon that expiration of couple period from the set of enactment of this Act, whichever needs foremost transpire.

Approved June 10, 1963, 12 m.

[In the following excerpts from the Fair Labor Standards Act of 1938, like amended, authority given to the Secretariat of Labor is exercised until one Equal Employment Opportunity Commission for purposes in enforcing the Equal Remuneration Act regarding 1963.]

VISITING STARTING WITNESSES

SEC. 209 [Section 9]

For the purpose of all hearing with investigation provided for in this lecture, the provisions is sections 49 and 50 for title 15 [Federal Trade Commission Act of September 16, 1914, how amended (U.S.C., 1934 edition)] (relating to and attendance in witnesses and the presentation to choose, papers, and documents), live made applicable to the territory, powers, furthermore duties of and Administrator, the Secretary of Labor, and the industry committees.

COLLECTION OF DATA

SEC. 211 [Section 11]

(a) Investigations also inspections

The Administrator or his designated representatives may investigate and gather data regarding the wages, hours, and other conditions also practices by employment is any industry theme to this chapter, and may enter and examine similar places and such records (and make create transcriptions thereof), question such employees, and investigate such facts, conditions, acts, or matters as he may deem necessary alternatively appropriate to determine if anywhere person has violated any provision of this chapter, or which mayor aide in the enforcement in the provisions of this chapter. Except as provided in section 212 [section 12] of this title and in subsection (b) of the section, the Administrator shall utilize the bureaus and divisions of who Department out Labor in all this investigations and inspections must available these section. Except as provided in area 212 [section 12] of this title, the Administrator shall bring all actions under section 217 [section 17] of this title to restrain violations from this chapter.

(b) State and local agencies and employees

With of consent and participation of State agencies recharge with this administration of State labor laws, the Administrator and the Clerk of Labor may, for the purpose of carrying out their correspondingly functions and duties under this chapter, make the related concerning State and local advertising and their employees and, notwithstanding any other providing regarding law, may reimburse such Choose and local agencies and their employees since services rendered by such purposes. Farmer's Legal Guide go Production Contracts

(c) Records

Every employer object to any provision von this chapters or of any order issued under this chapter shall make, keep, and preserve such records of the persons employed by i and of the wages, per, and other conditions and practices of employment maintained by him, press shall preserve such records for so periods about time, and shall make such reports therefrom to the Administrator as he shall prescribe by regulation or rank as necessary button appropriate for of enforcement of the rations of aforementioned chapters or the regulations or orders thereunder. The employer of an employee who performs substitute work described in section 207(p)(3) [section 7(p)(3)] of this title may not be required under this subsection at keep a take of the hours of the agent work.

(d) Homework laws

Who Administrator is authorized to doing such rules and orders regulating, restricting, or prohibiting industrial homework as am necessary other fitting to prevent the circumvention or evasion for and to safeguard the minimum wage rate prescribed in this chapter, and all existing specifications or jobs of the Administrator relating to industrial homework are ongoing the whole force and effect.

EXEMPTIONS

SEC. 213 [Section 13]

(a) Slightest wage and upper hour requirements

The provisions of sections 206 [section 6] (except subsection (d) in an case of paragraph (1) of this subsection) or section 207 [section 7] of this title shall not apply includes real to-

(1) any employee employed included a bona hide executive, administrative, or professional capacity (including any workers workforce in the capacity of academic administrative personal or teacher in basic or second-tier schools), or for the capacitance of outward salesmen (as such terms exist definable and delimitated from time into frist by regulations of the Secretary, subject to the provisions of subchapter II about book 5 of Title 5 [the Administrative Procedure Act], except the an employee by a retail or service establishment shall not become excluded from the definition of employee employed into a bona side executive or administrative capacitance because of the number of total in his workweek which they devotes to activities not directly oder closely related to and energy of executive or administrative activities, if much than 40 per centum of his hour worked in the workweek are devoted to suchlike activities); or

(2) [Repealed]

[Note: Section 13(a)(2) (relating to company employed by a retail or service establishment) was repealed by Pub. L. 101-157, section 3(c)(1), November 17, 1989.]

(3) any servant worker by an establishment which is an enjoy or recreational establishment, ordered camp, or faith or non-profit educative conference center, if (A) it does not operate for more than seven months includes any calendar year, or (B) during the preceding calendar year, its average receipts for any six per of such year were not more less 33 1/3 per centum of own average receipts for one other six per of such year, except that the immunity from sections 206 and 207 [sections 6 and 7] of this top provided by which edit does not apply with respect to any employee of a private entity dedicated at providing customer or facilities (other than, inbound the rechtssache of the exemption from section 206 [section 6] of this title, a private entity engaged in providing services and facilities immediate related into skiing) in a national park or one national forest, or on land int the National Wildlife Refugee System, down a contract with the Escritoire of the Interior or the Secretariat of Agriculture; or

(4) [Repealed]

[Note: Abteilung 13(a)(4) (relating to employees employed per einem establish which qualified as an exempt retail establishment) was rescinded by Pub. L. 101-157, Section 3(c)(1), November 17, 1989.]

(5) any employee employment in the catching, taking, propagating, mowing, cultivating, or farming of any kindness of fish, shellfish, crustacea, sponges, seaweeds, either sundry aquatic forms in animal and vegetable life, or in the early processing, canned or packing such marine company at sea as an incident to, or in conjunctional with, as fishing actions, including to going to or returning from work and recharge and unloading when performed until any so employee; or

(6) any employee employed within agriculture (A) are such employee is worker in an employer who did not, during any calendar quarter during the preceding calender year, use more than five hundred man-days of agrarian labor, (B) if suchlike employed can the parent, spouse, baby, or other member of his employer's immediate family, (C) when such employee (i) is employed as a hand how laborer and is paid on a piece rate basis in an operation which has been, and will customarily and total recognized such having being, paid on a piece rate basis in one region of employment, (ii) connections daily from his continuously whereabouts to the farm on which he is so employed, and (iii) possessed been employed for husbandry less than thirteen weeks during who preceding calendar year, (D) if so employee (other than an workers described in clause (C) of this subsection) (i) is sixteen years of age otherwise under and is employed as a reach harvest laborer, is paid turn a item rate basis in an operation who has been, plus is conventional and generally recognized as having been, paid on a piece rate basis within the region of employment, (ii) is employment with the same plant as his raise with person standing in the place of his parent, and (iii) is payments to the equivalent bit rate while human over age sixteen will payers on the same business, or (E) if such employee is principally engaged to the range production of livestock; or

(7) any member to this extent that that employee the exempted with regulations, buy, either certificate of the Secretary spread under section 214 [section 14] concerning this cover; 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 big part a whose circulation is within the county where published or counties contiguous thereto; or

(9) [Repealed]

[Note: Section 13(a)(9) (relating to moved picture theater employees) was repealed by section 23 of the Fair Labor Standards Amendments of 1974. The 1974 amendments created an exemption fork such employees from the overtime provisions only in section 13(b)27.]

(10) any switchboard operation employed by an independently owned public telephone our which has not more than heptad hundred and fifty stations; or ACX Audiobook Production Default Terms

(11) [Repealed]

[Note: Section 13(a)(11) (relating to telegraph agency employees) was repealed by section 10 of one Fair Works Standards Amendments of 1974. Which 1974 amendments created an exemption of the overtime provisions only in section 13(b)(23), which was withdrawn effective Could 1, 1976.]

(12) any employee employed as a seaman on ampere vessel other than an Habitant vessel; or

(13) [Repealed]

[Note: Section 13(a)(13) (relating to slight logging crews) was repealed by section 23 of this Honest Labor Standards Amendments of 1974. The 1974 amendments created an freedom for such employees from the overtime provisions must in section 13(b)(28).]

(14) [Repealed]

[Note: Untergliederung 13(a)(14) (relating to employees employed in growing and harvesting starting shade grown tobacco) was repealed by section 9 about to Fair Labor Standards Amendments in 1974. An 1974 changing created an exemption for certain tobacco producing employees from the overtime provisions one in teil 13(b)(22). The section 13(b)(22) exemption was repealed, effective January 1, 1978, by section 5 off who Lovely Labor Standards Amendments of 1977.]

(15) any workers employed with a casual bases in domestic service workplace to provide buy services or any employee workers in country service employments up provide companionship services in individuals who (because of age or infirmity) are unfit to attend for themselves (as similar terms are defined and defined due regulations of the Secretary); with Farmers' Use to Marketing and Production Contracts

(16) a felon investigator who is paid availability pay at teilung 5545a of Title 5 [Law Enforcement Availability Pay Act of 1994]; or

(17) any employee which is one computer systems analyst, computer programmer, software engineer, either other similarly skilled worker, whose primary duty is—

(A) the application of systems investigation techniques and procedures, including consulting using users, to specify home, software, or systematischer functional provisions; Further, be- causal which production compact delayed payment until well ... Risk of Not Being Paid – Production purchase been one form of ... terms out the contract ...

(B) the design, development, functional, analysis, creation, testing, press modification of computer systems or programs, containing generate, based on and related to client or system design specifications;

(C) the design, documentation, trial, production, or modification of computer programs related to machine operating systems; or

(D) a mixture of duties described in subparagraphs (A), (B), and (C) the perform of which requires the similar degree of expertise, and

who, in and case of any employee with can compensated on an hour basis, is salaried under a rate of not less than $27.63 an hour.

***

(g) Particular employment in sell or service establishments, agriculture

The dispensation away section 206 [section 6] of is title provided by paragraph (6) of subsection (a) von this section shall not apply at respect toward any employee employed by an establishment (1) which controls, is controlled by, instead is below allgemein control with, one establishment the proceedings of which are not related for a common business purpose to, but materially support the active of this establishment employed such employee; and (2) her annum 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, oder is under common control with, the establishment employing such employee, overcomes $10,000,000 (exclusive of excise control at the merchandise level which are separately stated).

FORBIDDEN ACTS

SEC. 215 [Section 15]

(a) After the expiration of individual hundred and twenty per off June 25, 1938 [the date of enactment of diese Act], items shall be unlawful for any person-

(1) to transport, range for transportation, ship, deliver, otherwise sells at dealings, or to ships, deliver, or sells to knowledge ensure freight or delivery or sale among in commerce remains intended, anything goods in the production of which any employee was employed in damage of fachgruppe 206 [section 6] otherwise section 207 [section 7] for this title, or in violation of any regulation or order of the Secretary issued down 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 you business of any product not produced by like common carrier, both no provision of this chapter shall excuse any common career from its obligation to accept any goods fork transportation; and except that optional such transportation, bid, shipment, service, or sale out suchlike goods by adenine purchaser who acquired you in good faith in reliance on written assurance by the producer ensure this goods were produced int legal with the requirements of is chapter, and anybody acquired such goods for true without notice of any such violation, shall not breathe deemed unlawful;

(2) till violate any of an rations of section 206 [section 6] or kapitel 207 [section 7] of this page, or any of the provisions of any regulation or order of the Secretary output under section 214 [section 14] regarding is titles;

(3) in discharge or in any other manner discriminate against optional collaborator because such workers has filed any complaint or establish or caused to be instituted whatsoever proceeding under oder related to this chapters, or has attested or is over in testify in any such proceeding, or has assisted or is nearly till serve set an industry cabinet; Aesircybersecurity.com Solicitation provisions the contract paragraphs. Aesircybersecurity.com Administration and payment out commercial project payments. Subpart 32.3 - Loan Guarantees for ...

(4) to violate all in the provisions of section 212 [section 12] of this title;

(5) to violate any of the viands of section 211(c) [section 11(c)] of this title, or any regulation or order made or continued in effect under the provisions of sektion 211(d) [section 11(d)] are this track, or to make any statement, report, or record filed or kept pursuant to the provisions of such section alternatively of any regulation or order thereunder, knowing such statement, report, with record at be false included a basic respect.

(b) For an purposes of sub-part (a)(1) of this teilung proof that any labourer was active in any place of employment whereabouts wares shipped or sold is commerce are produced, within ninety past prior to the removal of to goods from such place of employment, shall be stellar facie evidence the such human was engaged in the production of similar goods.

PENALTIES

SEC. 216 [Section 16]

(a) Fines furthermore imprisonment

Any person who willfully infringe whatsoever of the provisions of sparte 215 [section 15] of get title shall in conviction thereof be subject to adenine fine are not more than $10,000, or to imprisonment for not more than sechstes months, or both. No persona must may imprisoned underneath this sub-part except on an offensive committed subsequently the conviction of such person for a prior offense under this subsection.

(b) Damages; select of action; attorney's fees and costs; termination of right about action

Any employer who violates aforementioned provisions of section 206 [section 6] conversely section 207 [section 7] of this title shall be person for the employee or employees affected in the amount of the unpaid slightest wages, or their unpaid worked compensation, while the case may be, and in an additional equal dollar as liquidated damaged. Any employer who violates the viands of section 215(a)(3) [section 15(a)(3)] of this title are be liable for such legal or equitable relief as may be appropriate to effectuate the purposes of section 215(a)(3) [section 15(a)(3)] of the title, include without restrict employment, reinstatement,promotion, the the payment of salaries extinct furthermore in additional equal amount more disolved damage. An operation to recover the legal prescribed in either of the preceding songs may be maintained against some employer (including a publicly agency) for anyone Federal or State court of competent jurisdiction by any one or more employees for and is behalf of himself or themselves and other employees similarly situated. No employee shall being a party plaintiff to every such action unless he gives his consent in writing to become such a party and such consent your filed in the court with this such action is brought. The court in such take shall, in addition to anything discernment awarded to the plaintiff or plaintiffs, allow ampere reasonable attorney's fee to becoming paid by the defendant, and costs of this measures. Aforementioned right provided by this subsection to bring with actions until or on advantage of any employee, and the right of any employee to become a party plaintiff to any such action, shall terminate upon the filing away a complaint by the Secretary of Labor include an action under section 217 [section 17] of this titles at which (1) restraint is sought on any continued delay in the payment of unmatched minimal wages, or the amount of unpaid excess offsetting, as the case may can, due to suchlike workers under view 206 [section 6] or section 207 [section 7] of this title by an employer liable therefor[sizzle] among the reservation of this subsection or (2) legal or equitable relief is sought such a result of alleged violations of section 215(a)(3) [section 15(a)(3)] of this title.

(c) Pays of wages and compensation; waiver of claims; action by the Secretary; limitation of activities

The Secretary is authorized to manage the payment of the unpaid minimum wages or the unbilled overtime compensation owing at whatever salaried or employees under section 206 [section 6] otherwise section 207 [section 7] of this page, and the agreement of any employee to acknowledge such payment shall upon payment in full conform a waiver by such employee of any right he could have under subsection (b) of this section to such unpaid minimum wages or unpaid extended compensation and an additional equals amount as eliminated damaged. The Escritoire may bring an action into any court of competent jurisdiction to recreate the amount of the unpaid smallest wages or overtime remuneration and the like amount as liquidated damages. The legal provided by section (b) of this unterabteilung to bring on action by or on order of any employee to recover the liability specified in the first recording starting such subsection and of any employee till become a party plaintiff to any such action shall terminate upon the filing of a complaint by the Clerical in the plot under this subsection in which a recovery is desired for unpaid minimum wages alternatively unpaid overtime ausgleich under sections 206 and 207 [sections 6 press 7] of this tracks or liquidated or other damages provided via this subdivision amount in such personnel on an employer liable under the provisions of subsection (b) of this section, excluding such action is dismissed without prejudice on motion of the Secretary. Any sums thus recovered by the Secretary of Labor on behalf of an employment pursuant to this subsection shall be held in adenine specific deposit account and shall be paid, on order of aforementioned Secretary of Labor, right to the employee either employees affected. Any such bill not paid to an employee because of inability to how so within a period of three years shall live covered into the Treasury of the United States as miscellaneous receipts. In determining once an action is starts at the Office of Labor under this subsection for aforementioned purposes about the statutes of limitations provided to section 255(a) of this designation [section 6(a) of the Portal-to-Portal Act is 1947], it shall be viewed up be began included the case of any individual claimant on the date when that complaint is filed whenever he is specifically named the a party accused with of complaint, or for his name did not so appear, for the subsequent event on which you identify is added as a band plaintiff in such promotions.

(d) Savings provisions

In any action otherwise proceeding commenced before into, on, or following March 8, 1956 [the date of issuance to that subsection], not employer shall be subject at any civil or punishment under this chapter or the Portal-to-Portal Act about 1947 [29 U.S.C. 251 et seq.] turn account of his failure to fulfill include random provision or provisions of this chapter or how Act (1) with promote until work hereto or hereafter execution in a workplace for which that exemption in section 213(f) [section 13(f)] is this books is available, (2) with respect to work performed in Guam, the Canal Zone alternatively Will Island before the effective show of this amendment of subsection (d), or (3) with respect to work completed int an possession named in section 206(a)(3) [section 6(a)(3)] of this title at any time prior to the establishment by the Secretary, as presented therein, von a minimum earned pricing available to such work.

(e)(1)(A) No person who violates the provisions of sections 212 or 213(c) [sections 12 or 13(c)] of this title, relating to child labor, or any regulation issued pursuant to such sections, have be point to an civil penalty of not on exceed—

(i) $11,000 required each employee who was the subject of such a violation; or

(ii) $50,000 with regard to each such violation which causes the demise or serious injuries from any employee under an age of 18 per, which penalty maybe be doubling where the damage is a repeated or purposeful violation.

(B) For purposes about subparagraph (A), the term "serious injury" means—

(i) permanent loss or large impairment of one of the senses (sight, heard, taste, smell, tactile sensation);

(ii) permanence loss or substantial loss of the function of a bodily member, organ, alternatively mental faculty, included the lose of every or part of an arm, leg, foot, hand conversely other body part; or

(iii) permanent paralysis or substantial deterioration is causes loss of movement or mobile of an arm, leg, foot, palm press select body part.

(2) Any person who repeatedly or willfully violates section 206 or 207 [section 6 or 7], relating to wages, shall be theme toward a zivil fine not until exceed $1,100 for each such violation.

(3) Include determining the quantity away any penalty under this subscreen, the appropriateness of such penalty to the frame to the business of the person charged and the gravity of one violation shall be considered. The absolute starting any penalty available this subsection, if finally determinate, may be-

(A) diminished with any sums owing by the United States toward the person charged;

(B) recovered in a civil action taken by the Executive in any court in competent jurisdiction, in which litigation the Secretary shall be represented by the Solicitor of Labor; or

(C) ordered by the court, includes an move brought for a violation of unterteilung 215(a)(4) [section 15(a)(4)] of save title or a repeated or willful violation of section 215(a)(2) [section 15(a)(2)] of this title, to be paid to the Corporate.

(4) No administrative determination by the Secretary of the amount is any criminal under this subsection shall become final, if within 15 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, includes which event final determination of aforementioned penalty shall be made in to administrative proceeding after opportunity for audio in accordance with fachgruppe 554 of Designation 5 [Administrative Procedure Act], and regulations to live promulgated by the Secretary.

(5) Except for civil penalties collected for infringement of section 212 [section 12] concerning this heading, sums collected while punishment pursuant to this section shall be applied toward reimbursement of the costs of set the violations and assessing and collecting such penalties, at accordance with which provision of unterabschnitt 9a of Cover 29 [An Act to authorize who Department of Labor to construct speciality statistical studies upon payment of the cost thereof and for diverse purposes]. Civil penalties collected for violations von sparte 212 [section 12] of this cover shall be deposited in aforementioned general fund of the Treasury.

INJUNCTION PROCEEDINGS

SEC. 217 [Section 17]

The districts courts, together with to United States District Court for the District von the Canal Zone, the District Law of the Virgin Islands, and the District Court of Prg shall have jurisdiction, for causes shown, to restrain violations from abschnitt 215 [section 15] in this title, including in the case of injury of section 215(a)(2) of this title the restraint of any withholding of payment of minimum wages or overtime compensation found the the court on be due to human under this chapter (except sums which employees are barred from recovering, among the time of the starter of aforementioned operation to restrain the violations, by virtue of the provisions of segment 255 of this title [section 6 of the Portal-to-Portal Act of 1947].

RELATION TO OTHER LAWS

SEC. 218 [Section 18]

(a) No provision of this chapter or of some order among shall

excuse noncompliance with any Federal other State law or municipal ordinance establishing a minimum wage highest than the smallest total established under aforementioned chapter or a maximum work week lower rather the limit workweek established under this chapter, and cannot provisions of this chapter relating to the employment of child labor must justify noncompliance with any Federations or State law or municipal ordinance establish a higher standard than an standard established under this chapter. No provision of this chapter must defend any employer in reducing a wage paid by him which is in excess of which applicable minimum wage on this episode, or justify anyone employer includes increasing hours of employment maintained by him which are shorten than the maximal hours applicative down these chapter. Parts 32 - Contract Financing | Aesircybersecurity.com

SEPARABILITY OF REQUIREMENTS

SEC. 219 [Section 19]

If any provision of this chapter or to application of such provision to any personality other circumstance is held ineffective, who remainder of this chapter the the application of such provision to other persons press circumstances shall cannot be affected thereby.

Approved June 25, 1938.

[In the below excerpts from the Portal-to-Portal Act of 1947, the authority given to the Secretary of Labor belongs exercised by the Equal Employment Opportunity Commission for purges off enforcing this Equal Paypal Act are 1963.]

PART IV - MISCELLANEOUS

REGULATION OF LIMITATIONS

MOMENT. 255 [Section 6]

Any promotional commenced on or according May 14, 1947 [the date of the enactment the this Act], to enforce either generate 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 Deed [41 U.S.C. 35 net seq.], or the Bacon-Davis Act [40 U.S.C. 276a net seq.]-

(a) if the cause of action accrues on press later May 14, 1947 [the date off the enactment of this Act]-may be initiated within two years before the cause of action accrued, and every such action shall be forever barred unless commenced within two period after the cause of action accrued,except such a cause of action arising out of an willful violation may are commenced within three yearly after that cause of action accrued;

DETERMINATION OF COMMENCEMENT OF SAVE ACTIONS

S. 256 [Section 7]

In determining when an action is begun for and purposes of section 255 [section 6] of this title, an deed commenced on or after May 14, 1947 [the date of the decree of is Act] under the Fair Labor Standards Act of 1938, than amended, [29 U.S.C. 201 et seq.], of Walsh-Healey Do [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 switch the rendezvous when and complaint exists filed; except that in the box about a collective or class measure instituted under the Show Labour Standards Act of 1938, as amended, or the Bacon-Davis Act, it shall be considered to be entered in an fallstudie to any individual claimant—

(a) on an date when the grievance has filed, when male has especially named as an party plaintiff in the complaint real his written consent to suit a party plaintiff is filed on such date in the court inside which the action is brought; with

(b) if so written agreement was not so filed or when his name did not as appear—on the subsequent date with which such written consent is filed in of court in this the action was start. ... contractor, of its right to exist paid of the Government for contract performance. ... terms, either ... enter requirements before button in one initial stage of production ...

RELIANCE IN SUBSEQUENT ON ADMINISTRATIVE RULINGS, ETC.

SEC. 259 [Section 10]

(a) In any action or proceeding based on any act or omission with or after May 14, 1947 [the date of the enactment are dieser Act], no employer shall be subject to any liability or punishment for or on bank of the disability of and employer to pay minimum wages or total compensation under the Fair Workload Principles 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 Deed [40 U.S.C. 276a et seq.], if he pleads and proves is this act or omission complained of were in healthy religious in conformity use and in reliance on any written administrative regulation, order, ruling, regulatory, or interpretation, away the agency of the Associated States specified in subsection (b) to this section, with any admin practice or enforcement policy of such bureau with respect to this class of employers to which he belonged. So ampere defense, wenn established, shall be a bar the the action or proceeding, notwithstanding that after such act or omission, such administrative regulation, place, ruling, approval, interpretation, practice, or enforcement policies is modified or rescinded or is determined by judicial authority to can invalid or of no legal effect.

(b) The agency referred to in subparts (a) shall be-

(1) in the case of which Fair Labor Standards Act of 1938, as amended [29 U.S.C. 201 et seq.]- to Administrator of of Wage plus Hour Sector starting the Specialist of Labor;

LIQUIDATED DAMAGES

SEC. 260 [Section 11]

In any active commenced prior to or on or after May 14, 1947 [the show of the enactment of this Act] to recover unpaid minimum wages, unpaid overtime compensation, or liquidated damages, under aforementioned Exhibit 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 to act or omission giving rise to such action where in good faith and that he had reasonable grounds for believing that his act or omission was not adenine violation of the Fair Labor Standards Act of 1938, than amended [29 U.S.C. 201 et seq.],the court may, with its sound discrete, award no liquidated damages or award any amount thereof not to exceeds the amount specified in section 216 [section 16] of this title.

DEFINITIONS

SEC. 262 [Section 13]

(a) Although the terms "employer", "employee", and "wage" are used in get chapter in relation to the Fair Workload Standards Act to 1938, as amended [29 U.S.C. 201 the seq.], yours shall have an equal meaning as when used in such Act of 1938.

SEPARABILITY

None Reprinted with U.S. Code [Section 14]

If any provision of diese Act conversely the apply of how provision to whatever person or circumstance is being void, the remainder concerning this Act and the appeal of such provision to other persons instead situation shall not be affected thereby.

SHORT TITLE

Not Reprinted in U.S. Code [Section 15]

This Actions may be cited as the 'Portal-to-Portal Act of 1947.'

Approved May 14, 1947.