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Paycheck Fairness Act. Beware!!! More federal intrusion.
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Paycheck Fairness Act. Beware!!! More federal intrusion. - 11-15-2010, 06:42 AM

This may look like a good idea on the surface. However it is redundant and is intensely intrusive into business and causes piles of documentation to generated and opens an avenue to vast amounts of lawsuits.

http://shopfloor.org/2010/11/paychec...-effects/15953

When the Senate reconvenes for its lame-duck session later this month, senators will consider the Paycheck Fairness Act, a bill that would vastly expand the role of government in employers’ compensation decisions. The bill would require the government to collect data from employers on the sex, race, and national origin of employees, significantly adding to red tape, paperwork, and hiring costs, and trapping firms in costly litigation.

At a time when the unemployment rate is above 9 percent and almost 15 million Americans are out of work, the Paycheck Fairness Act would impose substantial new burdens on employers that would encourage hiring overseas and discourage hiring in America. As the Washington Post concluded in a recent editorial, “Discrimination is abhorrent, but the Paycheck Fairness Act is not the right fix.”

Please join Hudson Institute to analyze the costs of the bill and its effects on employment from the economic, legal, and small business perspectives at this Capitol Hill event. Luncheon keynote speaker is the 24th U.S. Secretary of Labor Elaine L. Chao, now a Distinguished Fellow at the Heritage Foundation.


http://www.bluemaumau.org/9624/cfa_u...k_fairness_act

CFA Urges Franchisees to Oppose Paycheck Fairness Act
Posted Sat, 2010/11/13 - 14:48 by Janet Sparks
WASHINGTON – The Coalition of Franchisee Associatioons (CFA) is urging its members to contact their senators to oppose the Paycheck Fairness Act, S. 182. The bill was introduced to amend the Fair Labor Standards Act of 1938 to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex, and for other purposes.

The CFA, headquartered in Washington, D.C., was formed in 2007 and represents some of the largest franchisee associations. Its mission is "to leverage the collective strengths of franchisee associations for the benefit of the franchisee community," according to its website.

In an Action Alert bulletin, Misty Chally, director of government relations, explained, “Despite last week's elections, Majority Leader Harry Reid continues to push anti-business legislation through the 111th Congress. Next Wednesday during the Lame Duck Session of Congress the Senate will vote on this bill which will affect all franchisees.”

The main issue stated is that under current law, once employees have provided prima facie evidence (a legal presumption meaning on the face of it or at first sight) of gender discrimination, the burden of proof shifts to the employer to show that the difference in wages results from "any factor other than sex." The Paycheck Fairness Act eliminates the "any factor other than sex" defense and replaces it with a more strict "bona fide factor other than sex" defense, according to the bulletin.

It further states, “This means that employers can only overcome a claim of gender discrimination if they demonstrate that a "business necessity" demands it.” Chally said the Act also leaves it up to the courts to determine what constitutes a "bona fide factor" to justify any pay discrepancies. “This means that factors such as previous experience, market forces, negotiating ability and prior salaries may not be justifications for pay differentiations,” she explained.

Additionally, the bill invites class action suits by allowing unlimited punitive and compensatory damages and repealing the requirement that employees must give their written consent to become a party in an "equal pay" class action suit, Chally said. “This would provide a windfall for trial lawyers while costing employers unprecedented amounts of time and money to defend their business decisions.”

The International Franchise Association sent a letter in January 2009 to members of the House of Representatives urging them to oppose the Paycheck Fairness Act H.R. 12. It states, “This bill would allow unlimited punitive and compensatory damages for violations of the Equal Pay Act (EPA). The EPA was passed by Congress in 1963 to ensure every individual receives equal pay for equal work, regardless of gender. It is a strict liability statute that requires no evidence of intent to discriminate. If there is evidence of intentional discrimination, appropriate remedies, including punitive and compensatory damages, are available under Title VII of the Civil Rights Act of 1964.”

The IFA website does not show their organization sent a letter to members of the Senate.

Proponents of the Paycheck Fairness Act say the gender wage gap does exist, despite reports to the contrary. One news website for women, Hello Ladies, stresses it is time to pass the bill. “The Paycheck Fairness Act will help fight pay discrimination in a number of ways including prohibiting employers from punishing employees for sharing salary information with their coworkers, and improving the collection of pay information by the EEOC.”

The bill has already passed out of the House of Representatives and only needs to pass in the Senate before President Obama signs it into law. CFA urges franchise owners to contact their senators to inform them that they oppose the bill because it restricts their ability to compensate their workers bases on factors such as level of experience, prior salary history, amount of income generated, cost of living disparities and overall work responsibilities. It says, “By eliminating current limits as provided by the Equal Pay Act, the Paycheck Fairness Act allows for unlimited punitive damages, even for unintended pay disparities, and invites unjustified and unsupported claims against me and my business.”

Chally urged members to tell their senators that there are current anti-discrimination laws, such as the Equal Pay Act, in place which will help protect their workers while not interfering with their right to run their business.


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11-15-2010, 06:46 AM

http://articles.chicagotribune.com/2...k-fairness-act

Paycheck fairness?
November 12, 2010
Equal pay for equal work stands as a cornerstone of the American workplace, and we support the principle wholeheartedly. But Congress is moving toward a fix that would be grossly intrusive on decision-making by private businesses.

At least one group would get a fatter paycheck from the Paycheck Fairness Act: trial lawyers.

The proposed law says that in cases where a pay disparity between men and women is challenged in court, an employer would have to prove there is some reason for the gap other than discrimination. The employer would also have to prove that the gap serves a necessary business purpose. And even then, the employer could be in trouble if a court determines that an "alternative employment practice" would serve the same purpose without skewing the salaries.


Those judgment calls go by another name: management decisions. The legislation would open businesses to wide second-guessing of decisions they made to hire and promote the most effective work force in a competitive environment. It would leave businesses with one eye on the competition and one eye on what a judge might decide in hindsight is a preferable "alternative employment practice."

Uncle Sam to the nation's employers: We'll tell you how to run your business.

Imagine a company that pays more to workers with greater experience. If women haven't been on the job as long as men, they would likely earn less. The burden would be on the employer to prove that experience not only yielded a measurably better quantity and quality of work, but also that it was the best yardstick to use. "How are you going to prove that?" asks Camille Olson, an attorney at Chicago's Seyfarth Shaw LLC who has testified against the legislation on behalf of the U.S. Chamber of Commerce. "It would be very, very difficult."

Making matters worse, under the new law, damage awards would be uncapped, and class-action procedures loosened. Bring on the trial lawyers.

The nation already has strong legal protections for women in the workplace, even for cases of unintentional discrimination. Under the Equal Pay Act of 1963, employers can justify wage differentials only if they're based on gender-neutral factors, such as education, experience, productivity and market conditions.

This bill has its heart in the right place. It even has some worthwhile, less-intrusive provisions, such as protection from company retaliation for workers who share information about wages.

It has been approved by the House and is slated to reach the Senate floor next week. It is a high priority for the Obama administration. But it is much too intrusive, and the Senate should reject it.


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11-15-2010, 07:10 AM

As I've said before, "nothing changes", both parties are intent on melding America into a homogenized, politically correct, one world government, controlled by the international banksters and corporations".

We will all be mere serfs.

J
  
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11-15-2010, 07:40 AM

It seems like every time you see the word "Fairness", exactly the opposite effect is described by some misguided idiot(s) in government.
Fairness, huh? I always thought fairness was a description of someones looks.
  
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11-15-2010, 08:12 AM

Its the unintended consequences of having people at the helm that have never had to meet a payroll at the end of the week.


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11-15-2010, 08:44 AM

Could this be used to identify the hiring of illegal aliens?


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11-15-2010, 10:16 AM

Quote:
Originally Posted by BazookaJoe View Post
Could this be used to identify the hiring of illegal aliens?
As a tangent perhaps. Assuming the government catches a fake SS# or some other discrepancy. However if that is not the focus... .
If you are paying cash under the table no.


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11-15-2010, 10:21 AM

Quote:
Originally Posted by Sev View Post
As a tangent perhaps. Assuming the government catches a fake SS# or some other discrepancy. However if that is not the focus... .
If you are paying cash under the table no.
If that is not the focus, what?


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11-15-2010, 02:05 PM

I don't have a job and I think that it's unfair that people who don't have jobs get paid less than people who have jobs. Will this bill address that?

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11-15-2010, 03:06 PM

Quote:
Originally Posted by BazookaJoe View Post
If that is not the focus, what?
Then they wont catch illegals.


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11-15-2010, 03:14 PM

Dear government,
I dont think its fair that you take my money by force and then spend it as you see fit opposed to how I see fit. Its not fair.
  
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11-16-2010, 07:27 AM

Quote:
Originally Posted by dorabelle View Post
Dear government,
I dont think its fair that you take my money by force and then spend it as you see fit opposed to how I see fit. Its not fair.
How greedy of you.

That's the problem, greed.

If dora and all the greedy folks would just change into angels, then America could be great again. It's all the fault of persons wanting to satisfy themselves vs. letting the popular and smart statists "lead" them to perfect utopia.

I think all greedy persons should be rounded up and shot. That would satisfy my greed.

Signed, statist extraordinairre.
  
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11-16-2010, 07:15 PM

Quote:
Originally Posted by chefjeff View Post
How greedy of you.

That's the problem, greed.

If dora and all the greedy folks would just change into angels, then America could be great again. It's all the fault of persons wanting to satisfy themselves vs. letting the popular and smart statists "lead" them to perfect utopia.

I think all greedy persons should be rounded up and shot. That would satisfy my greed.

Signed, statist extraordinairre.
Cracker???


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11-29-2010, 03:18 AM

I personally think that this Paycheck Fairness Act will benefit a lot of women from workforce discrimination. My wife has been working so hard for our family and she should be paid based on the work she do, and not with her gender. I mean equal pay for equal job. I just hope it will still be passed.

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11-29-2010, 07:37 AM

Quote:
Originally Posted by BaronC View Post
I personally think that this Paycheck Fairness Act will benefit a lot of women from workforce discrimination. My wife has been working so hard for our family and she should be paid based on the work she do, and not with her gender. I mean equal pay for equal job. I just hope it will still be passed.
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