3046-AB21 202010 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 3046 Equal Employment Opportunity Commission EEOC Amendments to the Equal Pay Act Regulations--Definition of "Employer", "Employee", and "Employ"

The U.S. Equal Employment Opportunity Commission (EEOC) enforces the Equal Pay Act.  This amendment explains the EEOC's interpretation of joint employer status under the Equal Pay Act, which incorporates the definitions of "employee," "employer," and "employ" under the Fair Labor Standards Act.

]]> Other Significant Previously Published in The Unified Agenda Proposed Rule Stage Undetermined No Other 29 CFR 1620.8 29 U.S.C. 791 et seq. sec. 1, Reorg. Plan No. 1 of 1978, 43 FR 19807 EO 12144, 44 FR 37193 Yes

The Department of Labor (DOL), which enforces the bulk of the Fair Labor Standards Act (FLSA), recently issued regulations addressing joint employer status under the FLSA. In light of DOL's new regulations, the EEOC needs to clarify how it determines joint employer status under the EPA, which is part of the FLSA.  As employment relationships have become more complicated, the public needs clearer guidance on when an entity becomes a joint employer under the EPA.

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The EEOC was given responsibility for the equal pay provisions of the Fair Labor Standards Act by Reorganization Plan No. 1 of 1978, which prohibit discrimination on the basis of sex in the payment of wages by employers to employees in the same establishment.  Under the FLSA, the EEOC shares rulemaking authority with the Department of Labor.  The Department of Labor recently issued regulations addressing joint employer status under the FLSA.  

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The Commission will consider all alternatives offered by public commenters.

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The rulemaking will provide a net benefit to stakeholders by clarifying when an entity is subject to joint and several liability for an EPA violation.

]]> NPRM 11/00/2020 No Federal Local State No No No No 3046-AB16 Related to Lynn Davenport Assistant Legal Counsel 3046 202 921-3240 lynn.davenport@eeoc.gov 131 M Street NE, Washington DC 20507 Errnest Haffner Senior Attorney Advisor 3046 202 663-4644 202 653-6056 ernest.haffner@eeoc.gov 131 M Street NE, Washington DC 20507