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ARTICLE · 16 NOVEMBER 2010

Senate to Vote on Paycheck Fairness Act

McGuireWoods LLP
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The U.S. Senate is currently scheduled to vote on the Paycheck Fairness Act, S. 3772, as early as Wednesday, November 17, 2010.

United StatesEmployment and HR
Eric Martin
Eric Martin
Aaron Longo
Aaron Longo

The U.S. Senate is currently scheduled to vote on the Paycheck Fairness Act, S. 3772, as early as Wednesday, November 17, 2010. Because of the drastic effects this would have on wage and hour laws, employers may wish to contact their senators in advance of the vote.

The Act would greatly increase employer exposure for claims of gender-based wage discrimination and narrow the defenses currently available to refute such actions. Specifically, the Act would:

  • Bar retaliation against workers who share information about wages with other employees.
  • Allow for potentially unlimited compensatory and punitive damages.
  • Encourage class actions by requiring employees to "opt-out" of (as opposed to "opting-in" for) collective actions under the Fair Labor Standards Act.

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