EQUAL PAY ACT OF 1963
Date: 10 JUN 63 Public Law 88-38
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.
June 10, 1963 [S. 1409]
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,". Equal Pay Act of 1963.
DECLARATION OF PURPOSE
(1) depresses wages and living standards for employees necessary for their health and efficiency; (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.
SEC. 3. Section 6 of the Fair Labor Standards Act of 1938, as amended
(29 U.S.C. et seq.), is amended by adding thereto a new subsection (d)
as follows: Discrimination prohibited. 52 Stat. 1062; 63 Stat. 912.
(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, effort,
and responsibility, and which are performed under similar working conditions,
except where such payment is made pursuant to (i) a seniority system; (ii)
a merit system; (iii) a system which measures earnings by quantity or quality
of production; or (iv) a differential based on any other factor other than
sex: Provided, That an employer who is paying a wage rate differential
in violation of this subsection shall not, in order to comply with the
provisions of this subsection, reduce the wage rate of any employee. 29
USC 206.
(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 Act.
(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." "Labor organization."
SEC. 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 the 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 Labor Standards Act of 1938, as amended), the amendments made
by this Act shall take effect upon the termination of such collective bargaining
agreement or upon the expiration of two years from the date of enactment
of this Act, whichever shall first occur. Effective date.
Approved June 10, 1963, 12:00 m.
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