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Synopsis As Introduced Amends the Equal Pay Act of 2003. Provides that an employer subject to the Act shall preserve specified records for not less than 5 (rather than 3) years. Provides that an action to collect a wage claim under the Act shall be brought within 5 years from the date of the underpayment (rather than within 3 years from the date the employee learned of the underpayment).
In provisions imposing penalties, provides that those penalties shall be imposed after a failure to comply with a demand of the Director of Labor or an order of the court (rather than an order of the Director of Labor or the court). Changes "is" to "shall be" in one location. Changes "the" to "such" in one location. Adds an immediate effective date.
Deletes the provisions of the bill as introduced, does not delete the provisions added by House Amendment No. 1, and adds the following provisions amending the Equal Pay Act of 2003. Provides that an employee or former employee may file a complaint with the Department of Labor alleging a violation of the Act by submitting a signed, completed complaint form, and all complaints shall be filed with the Department within one year from the date of the underpayment. Requires an employer subject to the Act to preserve specified records for not less than 5 (rather than 3) years and shall make reports from the records as prescribed by rule or order of the Director of Labor, unless the records relate to an ongoing investigation or enforcement action under the Act, in which case the records must be maintained until their destruction is authorized by the Department or by court order. Provides that a legal action to collect a wage claim shall be brought within 5 years from the date of the underpayment (rather than within 3 years from the date the employee learned of the underpayment). Defines "date of the underpayment" as each time wages are underpaid.
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