88 STAT. 73 52 Stat. 1068. 29 USC 215. Pub. Law 93-259 18 April 8, 1974 of such penalty to the size of the business of the person charged and the gravity of the violation shall be considered. The amount of such penalty, when finally determined, may be- "(1) deducted from any sums owing by the United States to the person charged; "(2) recovered in a civil action brought by the Secretary in any court of competent jurisdiction, in which litigation the Secretary shall be represented by the Solicitor of Labor; or "(3) ordered by the court, in an action brought for a violation of section 15 (a) (4), to be paid to the Secretary. Any administrative determination by the Secretary of the amount of such penalty shall be final, unless within fifteen 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, in which event final determination of the penalty shall be made in an administrative proceeding after opportunity for hearing in accordance with section 554 of title 5, United States 80 Stat. 384. Code, and regulations to be promulgated by the Secretary. Sums collected as penalties pursuant to this section shall be applied toward reimbursement of the costs of determining the violations and assessing and collecting such penalties, in accordance with the provisions of section 2 of an Act entitled 'An Act to authorize the Department of Labor to make special statistical studies upon payment of the cost thereof, and for other purposes' (29 U.S.C. 9a).” 48 Stat. 582} 53 Stat. 581. SUITS BY SECRETARY FOR BACK WAGES SEC. 26. The first three sentences of section 16(c) are amended to read as follows: "The Secretary is authorized to supervise the payment of the unpaid minimum wages or the unpaid overtime compensation owing to any employee or employees under section 6 or 7 of this Act, and the agreement of any employee to accept such payment shall upon payment in full constitute a waiver by such employee of any right he may have under subsection (b) of this section to such unpaid minimum wages or unpaid overtime compensation and an additional equal amount as liquidated damages. The Secretary may bring an action in any court of competent jurisdiction to recover the amount of the unpaid minimum wages or overtime compensation and an equal amount as liquidated damages. The right provided by subsection (b) to bring an action by or on behalf of any employee and of any employee to become a party plaintiff to any such action shall terminate upon the filing of a complaint by the Secretary in an action under this subsection in which a recovery is sought of unpaid minimum wages or unpaid overtime compensation under sections 6 and 7 or liquidated or other damages provided by this subsection owing to such employee by an employer liable under the provisions of subsection (b), unless such action is dismissed without prejudice on motion of the Secretary." ECONOMIC EFFECTS STUDIES SEC. 27. Section 4(d) is amended by (1) inserting "(1)" immediately after "(d)", (2) inserting in the second sentence after "minimum wages" the following: "and overtime coverage"; and (3) by adding at the end thereof the following new paragraphs: "(2) The Secretary shall conduct studies on the justification or lack thereof for each of the special exemptions set forth in section 13 of this Act, and the extent to which such exemptions apply to employees of establishments described in subsection (g) of such section and the economic effects of the application of such exemptions to such April 8, 1974 · 19 Pub. Law 93-259 88 STAT. 74 employees. The Secretary shall submit a report of his findings and Report to Conrecommendations to the Congress with respect to the studies conducted gress. under this paragraph not later than January 1, 1976. "(3) The Secretary shall conduct a continuing study on means to prevent curtailment of employment opportunities for manpower groups which have had historically high incidences of unemployment (such as disadvantaged minorities, youth, elderly, and such other groups as the Secretary may designate). The first report of the results Reports to of such study shall be transmitted to the Congress not later than Congress, one year after the effective date of the Fair Labor Standards Amendments of 1974. Subsequent reports on such study shall be transmitted to the Congress at two-year intervals after such effective date. Each such report shall include suggestions respecting the Secretary's authority under section 14 of this Act.". AGE DISCRIMINATION Ante, p. 69. SEC. 28. (a) (1) The first sentence of section 11(b) of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 630 (b)) is 81 Stat. 605. amended by striking out "twenty-five" and inserting in lieu thereof "twenty". (2) The second sentence of section 11 (b) of such Act is amended to read as follows: "The term also means (1) any agent of such a person, and (2) a State or political subdivision of a State and any agency or instrumentality of a State or a political subdivision of a State, and any interstate agency, but such term does not include the United States, or a corporation wholly owned by the Government of the United States.". (3) Section 11 (c) of such Act is amended by striking out or an agency of a State or political subdivision of a State, except that such term shall include the United States Employment Service and the system of State and local employment services receiving Federal assistance". (4) Section 11(f) of such Act is amended to read as follows: "(f) The term 'employee' means an individual employed by any "Employee," employer except that the term 'employee' shall not include any person elected to public office in any State or political subdivision of any State by the qualified voters thereof, or any person chosen by such officer to be on such officer's personal staff, or an appointee on the policymaking level or an immediate adviser with respect to the exercise of the constitutional or legal powers of the office. The exemption set forth in the preceding sentence shall not include employees subject to the civil service laws of a State government, governmental agency, or political subdivision.". (5) Section 16 of such Act is amended by striking out "$3,000,000" 29 USC 634. and inserting in lieu thereof "$5,000,000". (b) (1) The Age Discrimination in Employment Act of 1967 is amended by redesignating sections 15 and 16, and all references thereto, as sections 16 and 17, respectively. (2) The Age Discrimination in Employment Act of 1967 is fur- 29 USC 633. ther amended by adding immediately after section 14 the following new section: "NONDISCRIMINATION ON ACCOUNT OF AGE IN FEDERAL GOVERNMENT EMPLOYMENT “SEC. 15. (a) All personnel actions affecting employees or applicants 29 USC 633a. for employment (except with regard to aliens employed outside the limits of the United States) in military departments as defined in 88 STAT, 75 80 Stat. 378. Enforcement. Reports. Civil actions. Pub. Law 93-259 - 20 April 8, 1974 section 102 of title 5, United States Code, in executive agencies as defined in section 105 of title 5, United States Code (including employees and applicants for employment who are paid from nonappropriated funds), in the United States Postal Service and the Postal Rate Commission, in those units in the government of the District of Columbia having positions in the competitive service, and in those units of the legislative and judicial branches of the Federal Government having positions in the competitive service, and in the Library of Congress shall be made free from any discrimination based on age. "(b) Except as otherwise provided in this subsection, the Civil Service Commission is authorized to enforce the provisions of subsection (a) through appropriate remedies, including reinstatement or hiring of employees with or without backpay, as will effectuate the policies of this section. The Civil Service Commission shall issue such rules, regulations, orders, and instructions as it deems necessary and appropriate to carry out its responsibilities under this section. The Civil Service Commission shall— "(1) be responsible for the review and evaluation of the operation of all agency programs designed to carry out the policy of this section, periodically obtaining and publishing (on at least a semiannual basis) progress reports from each department, agency, or unit referred to in subsection (a); "(2) consult with and solicit the recommendations of interested individuals, groups, and organizations relating to nondiscrimination in employment on account of age; and "(3) provide for the acceptance and processing of complaints of discrimination in Federal employment on account of age. The head of each such department, agency, or unit shall comply with such rules, regulations, crders, and instructions of the Civil Service Commission which shall include a provision that an employee or applicant for employment shall be notified of any final action taken on any complaint of discrimination filed by him thereunder. Reasonable exemptions to the provisions of this section may be established by the Commission but only when the Commission has established a maximum age requirement on the basis of a determination that age is a bona fide occupational qualification necessary to the performance of the duties of the position. With respect to employment in the Library of Congress, authorities granted in this subsection to the Civil Service Commission shall be exercised by the Librarian of Congress. "(c) Any person aggrieved may bring a civil action in any Federal district court of competent jurisdiction for such legal or equitable relief as will effectuate the purposes of this Act. "(d) When the individual has not filed a complaint concerning age discrimination with the Commission, no civil action may be commenced by any individual under this section until the individual has given the Commission not less than thirty days' notice of an intent to file such action. Such notice shall be filed within one hundred and eighty days after the alleged unlawful practice occurred. Upon receiving a notice of intent to sue, the Commission shall promptly notify all persons named therein as prospective defendants in the action and take any appropriate action to assure the elimination of any unlawful practice. "(e) Nothing contained in this section shall relieve any Government agency or official of the responsibility to assure nondiscrimination on account of age in employment as required under any provision of Federal law." April 8, 1974 - 21 EFFECTIVE DATE Pub. Law 93-259 88 STAT, 76 SEC. 29. (a) Except as otherwise specifically provided, the amendments made by this Act shall take effect on May 1, 1974. (b) Notwithstanding subsection (a), on and after the date of the enactment of this Act the Secretary of Labor is authorized to prescribe necessary rules, regulations, and orders with regard to the amendments made by this Act. Approved April 8, 1974. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 93-913 accompanying H. R. 12435 (Comm. on SENATE REPORT No. 93-690 (Comm. on Labor and Public Welfare). Feb. 28, Mar. 5, 7, considered and passed Senate. Mar. 20, considered and passed House, amended, in lieu of Mar. 28, Senate and House agreed to conference report. EQUAL PAY ACT OF 1963 29 U.S.C. 206(d) Summary and Description The Fair Labor Standards Act, as amended by the Equal Pay Act of 1963, prohibits employers from discriminating on the basis of sex in the payment of wages for equal work. The equal pay standard applies to employees subject to the minimum wage requirements of the Act and employees who would be subject except for their status as executive, administrative, or professional employees. The Equal Pay Act requires the employer to pay equal wages within the establishment to men and women doing substantially equal work on jobs requiring equal skill, effort, and responsibility which are performed under similar working conditions. The Act does not prohibit payment of wages at lower rates to one sex than the other for equal work where the wage differential is based on a seniority system, a merit system, a system measuring earnings by quantity or quality of production, or on any other factor other than sex. An employer who is paying a wage differential in violation of the equal pay provisions of the Act may not reduce the wage rate of any employee in order to comply with these provisions. Wages withheld in violation of the equal pay provisions have the status of unpaid minimum wages or unpaid overtime compensation under the Act, and back wages due under the equal pay provisions are subject to the same methods of recovery as any other wages due under the Act. The law prohibits any labor organization, or its agents, representing employees of an employer having employees subject to the minimum wage provisions of the Act, from causing or attempting to cause the employer to discriminate against an employee in violation of the equal pay provisions. Text of Act (Section Nos. Refer to U.S. Code) § 206. Minimum wages. (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 establisment 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 simíliar 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, |