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esquilax posted:Can someone explain how the Equal Pay bill in the news differs from current law? All the news articles say that it prohibits employers from retaliating against employees when they discuss wages or benefits with each other. However, that seems redundant since the NLRA already prohibits that. http://beta.congress.gov/bill/113th-congress/senate-bill/2199/text
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Apr 15, 2014 22:57
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| # ¿ Apr 25, 2024 10:03 |
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esquilax posted:Well I guessed that, but in what way does it broaden non-retaliation? I have a hard time reading the law itself because it's written in "striking" and "inserting" language. Is it a law of substance or is it a political football? What are we losing by not passing it? Narrows the employer response to claims of discrimination, by requiring the employer to demonstrate the difference in pay is somehow job related and necessary and further that that defense doesn't work if the employee can demonstrate an alternative pay scale that serves business needs. Broadens the the Fair Labor Standards Act's nonretaliation clause to apply to wage discussion. I can see why you might think this does nothing, what's happening here is that NLRA makes prohibiting wage discussion an unfair labor practice, but resolving an unfair labor practice involves going through NLRB process. The nonretaliation clause in the FLSA makes retaliation additionally unlawful, and so subject to different penalties. Increases penalties for violating the FLSA. Appropriates 15 million to fund various agencies for various programs that encourage training, research, and education about pay disparity. Of note is a grant for programs that train women in negotiation skills. Also it directs certain Secretaries to commission a report about certain of these programs.
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Apr 16, 2014 00:01
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