What does Preamble of Fair Pay Act of 2026 do?

This bill amends the Fair Labor Standards Act of 1938. It aims to prohibit discrimination in the payment of wages. The prohibited bases for wage discrimination include sex, race, and national origin.

What does SHORT TITLE. of Fair Pay Act of 2026 do?

This Act is formally titled the Fair Pay Act of 2026. The Act establishes a citation reference for amendments and repeals, considering them to be made to sections of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.). Section 8 provides an exception to the citation reference rule.

What does FINDINGS. of Fair Pay Act of 2026 do?

This section outlines findings related to wage rate differentials based on sex, race, and national origin in both government employment and industries. The text identifies discrimination in hiring and promotion as a factor contributing to a segregated workforce and wage gaps. Women, particularly women of color, consistently earn less than men, with significant disparities based on race and marital status. The wage gap persists across educational levels, impacting women's ability to repay student loans. Mothers, especially single mothers, experience a larger wage gap compared to women overall. The section highlights the economic impact of the wage gap, estimating a loss of nearly $500 billion annually for women in the United States. Statistical analysis suggests that factors beyond experience and education, such as discrimination and unconscious bias, contribute to a portion of the wage gap. The existence of wage rate differentials is stated to depress wages, burden commerce, and contribute to poor living conditions. The text notes that despite existing laws prohibiting wage discrimination, artificial barriers to equal pay persist. Eliminating these barriers is projected to positively impact the economy, reduce dependence on public assistance, and decrease poverty rates.

What does EQUAL PAY FOR EQUIVALENT JOBS. of Fair Pay Act of 2026 do?

This section amends Section 6 of the Fair Labor Standards Act to prohibit wage discrimination based on sex, race, or national origin when jobs are dominated by employees of a particular sex, race, or national origin. Employers are prohibited from paying different wages for 'equivalent jobs' based on these protected characteristics. Exceptions to this prohibition exist for seniority systems, merit systems, production-based earnings measurement, or differentials based on bona fide factors like education, training, or experience, provided certain conditions are met. Employers must demonstrate that any such factor is job-related or furthers a legitimate business purpose, and that the differential is not the result of discrimination. The Equal Employment Opportunity Commission (EEOC) will issue guidelines for determining whether a job is 'dominated' by a particular group, but these guidelines will not include a list of specific jobs. Employers cannot reduce existing wage rates to comply with the new regulations. Labor organizations are prohibited from causing or attempting to cause employers to discriminate against employees. Unpaid wages resulting from violations of this section are considered unpaid minimum wages or unpaid overtime compensation. The definition of 'labor organization' and 'equivalent jobs' are provided within the amendment.

What does PROHIBITED ACTS. of Fair Pay Act of 2026 do?

This section amends 29 U.S.C. 215(a). It removes 'and' at the end of paragraph (5). It replaces the period in paragraph (6) with a semicolon. It adds a new paragraph (7) prohibiting discrimination against individuals who oppose unlawful acts or participate in investigations related to section 6(h). It adds a new paragraph (8) prohibiting discrimination, coercion, or interference against employees who inquire about, disclose, or discuss wages, or exercise rights granted by section 6(h).

What does REMEDIES. of Fair Pay Act of 2026 do?

This section amends Section 16(b) of Title 29, U.S.C. 216(b) to add enhanced penalties for employers violating subsections (d) or (h) of Section 6, including compensatory or punitive damages. The amendments to Section 16(b) modify language regarding actions prescribed, class actions, and the court's authority in recovery actions. Section 16(c) of Title 29, U.S.C. 216(c) is amended to allow the Secretary to seek additional compensatory or punitive damages for violations of subsections (d) or (h) of Section 6. The amendments to Section 16(c) also modify language regarding the first and second sentences within that section. Section 16 of Title 29, U.S.C. 216 is amended to add subsection (f), which allows for the recovery of expert fees as part of costs in actions brought under this section for violations of Section 6(h). Such actions may be maintained as class actions as provided by the Federal Rules of Civil Procedure.

What does RECORDS. of Fair Pay Act of 2026 do?

This section amends Section 11(c) of Title 29 of the U.S. Code. Employers subject to Section 6(h) must preserve records documenting wage rate methods and calculations. The Equal Employment Opportunity Commission (EEOC) will prescribe regulations or orders regarding record retention periods and reporting requirements. Employers with 25 or more employees in the first or second year after the paragraph's effective date, or 15 or more employees in subsequent years, must submit reports to the EEOC. These reports must disclose wage rates paid to employees by classification, position, or job title, including information on sex, race, and national origin. Regulations must protect employee confidentiality, ensuring reports do not contain individual employee names. The EEOC may publish information and data obtained from these reports for statistical and research purposes. The EEOC is authorized to provide for the inspection, examination, and furnishing of copies of submitted reports. The EEOC will issue regulations prescribing the form and content of required reports and may simplify reporting for smaller employers.

What does RESEARCH, EDUCATION, AND TECHNICAL ASSISTANCE PROGRAM; REPORT of Fair Pay Act of 2026 do?

This section amends 29 U.S.C. 204(d) to require the Equal Employment Opportunity Commission (EEOC) to conduct studies and provide technical assistance. The EEOC's efforts will focus on effective means to implement section 6(h), which prohibits wage rate discrimination based on sex, race, or national origin. The EEOC must conduct research to correct wage rate differentials, publish findings, sponsor educational programs, and provide technical assistance. The EEOC's program includes conducting and promoting research, publishing findings, sponsoring informational programs, and providing technical assistance. The Secretary's biennial report to Congress will include an evaluation of the implementation of section 6(h).

What does CONFORMING AMENDMENTS. of Fair Pay Act of 2026 do?

This section amends the Congressional Accountability Act of 1995 to include subsections (a)(1), (d), and (h) of section 6 in references within sections 203(a)(1) and 203(b). The Congressional Accountability Act of 1995 is further amended to allow remedies under section 16(f) of the Act in appropriate cases. This section also amends title 3, United States Code, which relates to Executive Branch Employees, to include subsections (a)(1), (d), and (h) of section 6. Amendments to title 3, United States Code, also permit remedies under section 16(f) of the Act in appropriate cases.

What does EFFECTIVE DATE. of Fair Pay Act of 2026 do?

This section establishes the effective date for the amendments made by this Act.

Back to bills

Fair Pay Act of 2026

Last updated: 5/4/2026 · Introduced: 5/4/2026

Author: Eleanor Norton (D-DC)

TL;DR (AI)

The Fair Pay Act of 2026 amends the Fair Labor Standards Act to prohibit wage discrimination based on sex, race, or national origin for 'equivalent jobs,' allowing for exceptions based on seniority, merit, production, or bona fide factors like education and experience.
Employers are prohibited from reducing existing wage rates to comply with the new regulations and labor organizations cannot cause employers to discriminate.
The Act strengthens protections against retaliation for employees who oppose wage discrimination, participate in investigations, or inquire about or discuss wages.
Employers violating the Act face enhanced penalties, including compensatory and punitive damages, and the Secretary of Labor can seek additional damages.
Covered employers must maintain records documenting wage rate methods and calculations and submit reports to the EEOC disclosing wage rates by classification, position, or job title, without revealing individual employee names.

119th Congressin committeeOfficial page

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Includes provisions on preamble, short title., and 8 more.

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