by some of you union leaders. There it is, and that is how I feel about it.

Mr. BEIRNE. I kind of had a hunch that the Taft-Hartley would get a rise out of someone.

Mr. MACKINNON. The Taft-Hartley would not be a drop in the bucket to the legal difficulties that would arise under this law as presently drafted.

Mr. BEIRNE. Taft-Hartley is just a bad law that a lot of fellows voted for. Some of them, I suppose, have changed their minds; perhaps some have not, but it is a bad law which the public is becoming acquainted with.

Mr. McCONNELL. You see, we are not as familiar with that fact as you are. It is quite natural, when certain abuses are corrected, some people will squawk.

Mr. SMITH. It is just a bad law. It was a slave law, now it is just a bad law.

Mr. BEIRNE. I don't remember using the term "slave law," but I know on this side of a committee these days you can always get a rise out of Taft-Hartley.

Mr. McCONNELL. This is off the record. (Discussion off the record.)

Mr. McCONNELL. I appreciate your appearance here, Mr. Beirne. You have been before us many times. Speaking for myself there is no resentment whatsoever regarding anything you have said. I just wanted to bring out our side because I thought you had put a little gibe in there and I thought we should reciprocate. I appreciate your appearance here today.

Thank you very much, Mr. Beirne.

Mr. MACKINNON. Mr. Chairman, I have just found one of the most interesting statutes I have ever found in my life. It is chapter 1624 of the Rhode Island Acts and Resolves for the year 1945. It prohibits them from paying men less than they pay women. I am not going to insert that in the record because that is beside the point.

I have here the equal-pay laws of the nine States which have been mentioned. I would like to have them inserted in the record for general information on this very vital subject. I have found that State laws have a peculiar worth in presenting sound methods of dealing with subjects. The laws are as follows:

Laws of Washington, 1943, chapter 254:

Laws of Illinois, volume I, Sixty-third General Assembly, 1943, page 743:

Acts and Resolves of Massachusetts, 1945, chapter 584;
Rhode Island Acts and Resolves, 1946, chapter 1786;

Pennsylvania Act No. 544, House bill No. 195, approved the 7th day of July, A. D. 1947, Purdons Legislative Service;

McKinney's Consolidated Laws of New York Annotated, section 199-A;

New Hampshire Laws, 1947, chapter 193;

Laws of Montana, 1919, chapter 147; and

The Compiled Laws of Michigan, 1929, Mason's 1940 Cumulative Supplement, section 17115-556 and 557.

Mr. GRAHAM. Do you want those citations to appear, Mr. MacKinnon, or do you want the laws in the record?

Mr. MACKINNON. I want the actual content of the laws inserted in the record.

Mr. McCONNELL. Without objection so ordered.

(The laws referred to are as follows:)

LAWS OF WASHINGTON, 1943, CHAPTER 254-DISCRIMINATION AS TO
COMPENSATION BETWEEN MALES AND FEMALES

AN ACT Relating to Discrimination as between Sex in Compensation for Similar Services and Providing for Penalties; and amending Chapter 174, Laws of 1913 (Section 7638, Remington's Revised Statutes)

Be it enacted by the Legislature of the State of Washington:

SECTION 1. Amend Chapter 174, Laws of 1913 (Section 7638, Remington's Revised Statutes) by adding thereto a new section immediately following Section 17 to be known as Section 17-1, which section shall read as follows:

"SEC. 17-1. Any employer in this State, employing both males and females, who shall discriminate in any way in the payment of wages as between sexes or who shall pay any female any less wage, be it time or piecework, or salary, than is being paid to males similarly employed, or in any employment formerly performed by males, shall be guilty of a misdemeanor. If any female employee shall receive less compensation because of being discriminated against on account of her sex, and in violation of this section, she shall be entitled to recover in a civil action the full amount of compensation that she would have received had she not been discriminated against. In such action, however, the employer shall be credited with any compensation which has been paid to her upon account. A differential in

wages between employees based in good faith on a factor or factors other than sex shall not constitute discrimination within the meaning of this act."

Pased the House March 2, 1943.

Passed the Senate March 9, 1943.

Approved by the Governor March 22, 1943.

LAWS OF ILLINOIS, SIXTY-THIRD General ASSEMBLY, 1943-WOMEN EQUAL PAY

AN ACT To abolish the discrimination between sexes in the payment of wages, and to provide a penalty for the violation thereof

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

SECTION 1. Any employer of six or more persons in this State employing both males and females in the manufacture of any article, who shall pay any female engaged in such manufacture an unequal wage for equal work, by time or piecework, than is being paid to males employed in such manufacture, shall be guilty of a misdemeanor, and shall be punished by a fine of not less than twenty-five ($25.00) dollars nor more than One Hundred ($100.00) Dollars; provided, however, that nothing herein contained shall prohibit a variation in rates of pay based upon either difference in seniority, experience, training, skill or ability, or difference in duties or services performed (whether regularly or occasionally), or difference in availability for other operations, or any other reasonable classification, excepting difference in sex: Provided, further, that nothing herein contained shall prohibit such variation where the same is authorized by a contract between an employer and a recognized bargaining agent.

2. Any action based upon or arising under this Act shall be instituted within six months after the date of the alleged violation.

3. This Act shall be effective on July 1, 1944.

Approved July 22, 1943.

ACTS AND RESOLVES OF MASSACHUSETTS, 1945, CHAPTER 584

AN ACT Prohibiting wage differentials based on sex

Be it enacted, et cetera, as follows:

SECTION 1. Section 1 of Chapter One Hundred and Forty-nine of the General Laws is hereby amended by inserting after the paragraph defining "Discrimination," inserted therein by Section 1 of Chapter Three Hundred and Sixty-seven of the Acts of Nineteen Hundred and Thirty-seven, the two following paragraphs: "'Employee,' as used in Sections One Hundred and Five A to One Hundred and Five C, inclusive, shall mean any person employed for hire by an employer in

any lawful employment, but shall not include persons engaged in domestic service in the home of the employer, or in agricultural service, or employees of any social club, fraternal, charitable, educational, religious, scientific or literary association, no part of the net earnings of which enures to the benefit of any private individual. 'Employer,' as used in said Sections One Hundred and Five A to One Hundred and Five C, inclusive, shall include any person acting in the interest of an employer directly or indirectly."

SEC. 2. Said Section 1 of said Chapter One Hundred and Forty-nine is hereby further amended by adding at the end of the paragraph defining "Employment" the following sentence: "Employment,' as used in said Sections One Hundred and Five A to One Hundred and Five C, inclusive, means any employment under contract of hire, expressed or implied, written or oral, including all contracts entered into by helpers and assistants of employees, whether paid by employer or employee, if employed with the knowledge, actual or constructive, of the employer in which all or the greater part of the work is to be performed within the Commonwealth."

SEC. 3. Said Chapter One Hundred and Forty-Nine is hereby further amended by inserting after Section One Hundred and Five, under the caption "Discriminatory Wage Rates Based on Sex Penalized," the three following sections:

The

"SEC. 105-A. No employer shall discriminate in any way in the payment of wages as between the sexes, or pay any female in his employ salary or wage rates less than the rates paid to male employees for work of comparable character or work on comparable operations. Any employer who violates any provision of this section shall be liable to the employee or employees affected in the amount of their unpaid wages, and in an additional equal amount of liquidated damages. Action to recover such liability may be maintained in any court of competent jurisdiction by any one or more employees for and in behalf of himself or themselves and other employees similarly situated, and any agreement between the employer and any such employee to work for less than the wage to which such employee is entitled under this section shall be no defense to such action. court in such action shall, in addition to any judgment awarded to the plaintiff or plaintiffs, allow a reasonable attorney's fee to be paid by the defendant, and cost of the action. At the request of any employee paid less than the wage to which he is entitled under this section, the commissioner may take an assignment of such wage claim in trust for the assigning employee and may bring legal action necessary to collect such claim, and the employer shall be required to pay an additional equal amount of liquidated damages, together with the costs of the action and such reasonable attorney's fees as may be allowed by the court. commissioner shall not be required to pay any filing fee, or other costs, in connection with such action. The commissioner may join various claimants against the employer in one cause of action.

The

"SEC. 105-B. Any employer who violates any provision of Sections One Hundred and Five A to One Hundred and Five C, inclusive, or who discharges or in any other manner discriminates against any employee because such employee has made any complaint to his employer, the commissioner, or any other person, or instituted, or caused to be instituted, any proceeding under or related to said sections, or has testified or is about to testify in any such proceedings, shall, upon conviction thereof, be punished by a fine of not more than One Hundred Dollars. "SEC. 105-C. For the purpose of enforcing the provisions of Section One Hundred and Five A to One Hundred and Five C, inclusive, the Commissioner, or his authorized representative, may enter places of employment, may inspect pay rolls, may compare character of work and operations on which employees are engaged, may question employees, and may take such other action as is reasonably necessary to determine compliance therewith." Approved July 10, 1945.

RHODE ISLAND ACTS AND RESOLVES, CHAPTER 1786

AN ACT To abolish wage differentials based on sex

It is enacted by the General Assembly as follows:

SECTION 1. DEFINITIONS. (a) The term "employee" as used in this Act shall mean any person employed for hire by any employer in any lawful employment, but shall not include persons engaged in domestic service in the home of the employer, or employees of any social club, fraternal, charitable, educational, religious, scientific or literary association, no part of the net earnings of which inures to the benefit of any private individual.

(b) The term "employer" shall include any person acting in the interest of an employer directly or indirectly.

(c) The term "employment" means any employment under contract of hire, expressed or implied, written or oral, including all contracts entered into by helpers, and assistants of employees, whether paid by employer or employee, if employed with the knowledge, actual or constructive, of the employer in which all or the greater part of the work is to be performed within the State. (d) The term "director" means the Director of Labor.

SEC. 2. WAGE RATES. No employer shall discriminate in the payment of wages as between the sexes or shall pay any female in his employ salary or wage rates less than the rates paid to male employees for equal work or work on the same operations: Provided, however, That nothing herein contained shall probibit a variation in rates of pay based upon either difference in seniority, experience, training, skill or ability, or difference in duties and services performed, either regularly or occasionally, or difference in the shift or time of the day worked, or difference in availability for other operations or any other reasonable differentiation except difference in sex: And provided further, That nothing herein contained shall prohibit a variation in rates of pay as between the sexes where the same is provided by a contract between the employer and the recognized bargaining agent of the employees.

SEC. 3. INSPECTION. The Director of Labor shall have the power and it shall be his duty to carry out the provisions of this Act.

SEC. 4. COLLECTION OF UNPAID WAGES. An employer who violates the provisions of Section 2 of this Act shall be liable to the employee or employees affected in the amount of their unpaid wages, and in an additional equal amount of liquidated damages. Action to recover such liability may be maintained in any court of competent jurisdiction by any one or more employees for and in behalf of himself or themselves and other employees similarly situated. At the request of any employee paid less than the wage to which he is entitled under this Act, the Director of Labor may take an assignment of such wage claim in trust for the assigning employee and may bring any legal action necessary to collect such claim, and the liquidated damages above provided for. The Director of Labor shall not be required to pay the filing fee, or other costs, in connection with such action. The Director of Labor shall have power to join various claimants against the employer in one cause of action.

SEC. 5. PENALTIES. Any employer who violates any provision of this Act, or who discharges or in any other manner discriminates against any employee because such employee has made any complaint to his employer, the Director of Labor, or any other person, or instituted, or caused to be instituted any proceeding under or related to this Act, or has testified or is about to testify in any such proceeding, shall, upon conviction thereof, be punished by a fine of not more than $200, or by imprisonment for not more than six months, or by both such fine and imprisonment.

SEC. 6. This Act shall take effect upon its passage and all Acts and parts of Acts inconsistent herewith are hereby repealed.

January 2, 1946.

PURDON'S PENNSYLVANIA LEGISLATIVE SERVICE, END OF LAWS, GENERAL ASSEMBLY, 1947-WAGES-DISCRIMINATION BECAUSE OF SEX

(Act No. 544)

AN ACT Prohibiting discrimination in rate of pay because of sex; conferring powers and imposing duties on the Department of Labor and Industry; and prescribing penalties

WAGE DISCRIMINATION BECAUSE OF SEX

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

SECTION 1. DEFINITIONS. (a) The term "employe," as used in this act, shall mean any person employed for hire in any lawful business, industry, trade or profession or in any other lawful enterprise.

(b) "Employer" includes any person, natural or artificial, acting directly or indirectly in the interest of any employer in relations with an employee.

(c) "Employ" shall mean to engage, suffer or permit to work.

(d) "Occupation" shall mean any industry, trade, business, profession or any other employment.

(e) "Comparable work" shall mean work of comparable character or work on comparable operations.

(f) "Secretary" shall mean Secreary of Labor and Industry.

SEC. 2. WAGE RATES.-No employer shall discriminate in any way in the payment of wages or salaries in any occupation as between the sexes, or pay any female in his employ in any occupation, salary or wage rates less than the rates paid to male employees for comparable work.

Provided: However, that nothing herein contained shall prohibit a variation in salary or wage rates based upon either difference in seniority, experience, training, skill or ability, or difference in duties and services performed, or difference in the shift or time of the day worked, or any other reasonable differentiation, except difference in sex.

SEC. 3. POWERS OF SECRETARY. (a) The Secretary shall have the power, and it shall be his duty, to carry out and administer the provisions of this Act.

(b) For this purpose the Secretary, or his authorized representative, shall have the power to enter the establishment of any employer or inspect and copy payrolls, and other employment records, to compare character of work and operations on which persons employed by him are engaged, to question such persons and to obtain such other information as is reasonably necessary to the administration and enforcement of this act.

(c) The Secretary shall have the power to issue such administrative regulations, consistent with the purpose and provisions of this Act, as he deems necessary for the efficient administration thereof.

SEC. 4. COLLECTION OF UNPAID WAGES.-(a) An employer who violates the provisions of section 2 of this act shall be liable to the employee or employees affected in the amount of their unpaid wages. Action to recover such wages may be maintained in any court of competent jurisdiction by any one or more employees. Any agreement between the employer and an employee to work for less than the wage to which such employee is entitled under this Act shall be no defense to such action. The court in such action shall in addition to any wages and damages, allow a reasonable attorney's fee and costs of the action to the plaintiff. At the request of any employee, paid less than the wage to which he is entitled under this act, the Secretary of Labor and Industry may take an assignment of such wage claim for collection and shall bring any legal action necessary to collect such claim. The Secretary shall not be required to pay the filing fee or other costs in connection with such action.

(b) Any action, pursuant to the provisions of this act, must be brought within three years from the date upon which the violation complained of occurs.

(c) Any employee may directly, or through his attorney, agent or collective bargaining representative waive, compromise, adjust, settle or release any claim which such employee may have under this act, either before or after commencement of suit thereon, and a waiver, compromise, adjustment settlement or release of any such claim by such employee or his attorney, agent or collective bargaining representative shall be a complete satisfaction of such claim and a complete bar to any action based on such claim.

SEC. 5. RECORDS AND REPORTING.-Every employer, subject to this act, shall make, keep and maintain such records of the wages and wage rates, job classifications and other kinds and conditions of employment of the persons employed by him, and shall preserve such records for a period of four years, and shall make such reports therefrom as the Secretary shall prescribe.

SEC. 6. AESTRACTS.-The Department of Labor and Industry shall prepare an abstract of the provisions of this act, copies of the abstract shall be printed in accordance with the laws of the Commonwealth regulating printing and publishing, and the Department of Labor and Industry shall supply the same to all persons required to post them. Employers subject to the provisions of this act, shall be required to keep such abstract posted in a conspicuous place.

SEC. 7. PENALTIES. (a) Any employer who violates any provisions of this act, or who discharges or in any other manner discriminates against any employee because such employee has made any complaint to her employer, the Secretary, or any other person, or instituted, or caused to be instituted, any proceeding under or related to this act, or has testified, or is about to testify in any such proceedings, shall be guilty of a misdemeanor, and upon conviction thereof, be sentenced to pay a fine of not less than 50 dollars ($50) nor more than two hundred dollars ($200), or to undergo imprisonment for not less than thirty (30) days nor more than sixty (60) days, or by both such fine and imprisonment. Each day such a violation continues shall constitute a separate offense.

(b) Any employer who fails to keep the records required under this Act, or to furnish such records to the Secretary, upon request, or who falsifies such records, or who hinders, delays, or otherwise interferes with the Secretary, or his authorized