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Robert Gomez
Robert Gomez

Equal Standard (2021)

EDITOR'S NOTE: The following is the text of the Equal Pay Act of 1963 (Pub. L. 88-38) (EPA), as amended, as it appears in volume 29 of the United States Code, at section 206(d). The EPA, which is part of the Fair Labor Standards Act of 1938, as amended (FLSA), and which is administered and enforced by the EEOC, prohibits sex-based wage discrimination between men and women in the same establishment who perform jobs that require substantially equal skill, effort and responsibility under similar working conditions. Cross references to the EPA as enacted appear in italics following the section heading. Additional provisions of the Equal Pay Act of 1963, as amended, are included as they appear in volume 29 of the United States Code.

Equal Standard (2021)

(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 establishment 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 similar 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, That an employer who is paying a wage rate differential in violation of this subsection shall not, in order to comply with the provisions of this subsection, reduce the wage rate of any employee.

Any employer who violates the provisions of section 206 [section 6] or section 207 [section 7] of this title shall be liable to the employee or employees affected in the amount of their unpaid minimum wages, or their unpaid overtime compensation, as the case may be, and in an additional equal amount as liquidated damages. Any employer who violates the provisions of section 215(a)(3) [section 15(a)(3)] of this title shall be liable for such legal or equitable relief as may be appropriate to effectuate the purposes of section 215(a)(3) [section 15(a)(3)] of this title, including without limitation employment, reinstatement,promotion, and the payment of wages lost and an additional equal amount as liquidated damages. An action to recover the liability prescribed in either of the preceding sentences may be maintained against any employer (including a public agency) in any Federal or State court of competent jurisdiction by any one or more employees for and in behalf of himself or themselves and other employees similarly situated. No employee shall be a party plaintiff to any such action unless he gives his consent in writing to become such a party and such consent is filed in the court in which such action is brought. The 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 costs of the action. The right provided by this subsection to bring an action by or on behalf of any employee, and the right of any employee to become a party plaintiff to any such action, shall terminate upon the filing of a complaint by the Secretary of Labor in an action under section 217 [section 17] of this title in which (1) restraint is sought of any further delay in the payment of unpaid minimum wages, or the amount of unpaid overtime compensation, as the case may be, owing to such employee under section 206 [section 6] or section 207 [section 7] of this title by an employer liable therefor[sic] under the provisions of this subsection or (2) legal or equitable relief is sought as a result of alleged violations of section 215(a)(3) [section 15(a)(3)] of this title.

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 206 [section 6] or section 207 [section 7] of this title, 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) of this section to bring an action by or on behalf of any employee to recover the liability specified in the first sentence of such subsection 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 206 and 207 [sections 6 and 7] of this title or liquidated or other damages provided by this subsection owing to such employee by an employer liable under the provisions of subsection (b) of this section, unless such action is dismissed without prejudice on motion of the Secretary. Any sums thus recovered by the Secretary of Labor on behalf of an employee pursuant to this subsection shall be held in a special deposit account and shall be paid, on order of the Secretary of Labor, directly to the employee or employees affected. Any such sums not paid to an employee because of inability to do so within a period of three years shall be covered into the Treasury of the United States as miscellaneous receipts. In determining when an action is commenced by the Secretary of Labor under this subsection for the purposes of the statutes of limitations provided in section 255(a) of this title [section 6(a) of the Portal-to-Portal Act of 1947], it shall be considered to be commenced in the case of any individual claimant on the date when the complaint is filed if he is specifically named as a party plaintiff in the complaint, or if his name did not so appear, on the subsequent date on which his name is added as a party plaintiff in such action.

excuse noncompliance with any Federal or State law or municipal ordinance establishing a minimum wage higher than the minimum wage established under this chapter or a maximum work week lower than the maximum workweek established under this chapter, and no provision of this chapter relating to the employment of child labor shall justify noncompliance with any Federal or State law or municipal ordinance establishing a higher standard than the standard established under this chapter. No provision of this chapter shall justify any employer in reducing a wage paid by him which is in excess of the applicable minimum wage under this chapter, or justify any employer in increasing hours of employment maintained by him which are shorter than the maximum hours applicable under this chapter.

welcome to policing in america a podcast about race and policing the good the bad and the ugly the goal is to have uncomfortable conversations to spark positive change my name is sergeant tom datro i'm currently the officer in charge of a unit that creates delivers and maintains police training in the largest urban police department on the west coast of america hi everybody welcome to the policing in america podcast today i am very excited with our guest allow me to introduce him mr tahin bryan is a producer writer director and actor as well as an entrepreneur and a voice for many in this country who have felt voiceless in 2019 tahin's movie equal standard was released and it was again re-released in 2020 amid what many believed was a pivotal moment in society in regards to race and policing tahim is from the great city of new york specifically queens interesting fact if queens was its own city it'd be the fourth largest city in the country and being from queens i can only assume to him as a mets fan is that correct to be honest with you i'm not really into baseball but i love the way yankees hat looks better okay he's treading in dangerous territory and i thought we'd start off though we have a natural rivalry because i'm from chicago originally and i think we could both start off on the right foot by saying we agree that michael jordan was the greatest of all time for sure okay look at that we're off to a great start all three mikes mike tyson michael jordan and michael jackson oh i agree with all three of those as well i am really thrilled and humbled that you're on the show tahim thank you so much for being here thank you for having me so let's jump right into it i know new yorkers don't like to mess around so the show the movie uh equal equal standard i i've watched it i watched it once last night i watched it just before our podcast but before i say anything talk a little bit about your movie your your your motivation your desire uh what you hope people to get out of it well let me start up i'm writing producer i don't want to relinquish my friend on the guy brent that i also did it with him so he's also co-director the project so let me just document that as well but um i actually wrote equal standard not only just based off the systemic racing that we deal with as a nation but out of anger because i was pitching another show called southside based in 1988 and and we all know the industry lacks transparency so when i was pitching the show i had wrote the first first first season i shot a sizzle reel with method man had a different pupil talent attached to it and um they wanted to take me out of my creativity they said i can't be creative and none of that it said i wasn't i had enough skin in the game so it kind of had me angry so i took the project back and um went home and heard a song by alvin garrett called by myself i caught like the tail end of the song and the song just motivated me and all i couldn't stop writing like i never had a project take over me the way equal standard took over me it was just like designed to you know when they got to get biblical about how moses went up and then he just came down and just aged it seemed like that's how equal standard affected me it was just like right right right every time i wanted to rest for a few minutes it was forcing me to get back up to continue writing so i already knew the potential and the um the level of the magnitude of what equal standard would do to affecting the people and i emulated the formula of two great movies which is crash and traffic because those stories are movies that have interweaving stories and when you're dealing with racism or religion or politics you have you have to deal with them in several different temperatures you can't come directly hard and you have to be more objective and less subjective to get the people to want to speak out so that's what made me want to do equal standard and allow it to breathe its own life not to control it because equal standard is way bigger than me i'm only a vehicle for the actual message itself i appreciate that it's a great uh it's a great sort of origin genesis on how that came to be now okay so you see me male white blonde hair blue eyes right and i i see the movie and it's the hard part for me was it just seemed like i think you and i have the same goal in mind we want to see justice at the end of the day and we want to see that justice equally across the board irrespective of all the external externalities of the human being whatever that might be race religion creed sexual orientation all of it it felt like the white cop was the villain and and for someone like me who's trying so hard i've been in law enforcement for 18 years and and i've tried so hard to bridge the gap with my communities of color with my white communities on on the west side and it and sometimes it feels as though that narrative gets a bit it wears on people like me and i'm just wondering i don't think you were intentionally doing that but what would you say to the officers majority of officers are white because the majority of the country right 62 63 so the majority police officers are going to be white how do you bring them into the conversation without making them feel like the villain well you got to look at it like this you know me being as a minority i'm always supposed to the villain from from birth you know i mean across my chest i got convicted from the womb it seems like just the fact of my pigmentation i'm automatically the villain so me i'm only i'm i'm only just changing the narrative or just speaking as with the whispers or what's reality going on within our communities and that is with the way the police are policing our communities unjustly so it's not like i'm making him out to be the actual villain the way the way that they're actually supposed to protect and serve people of color it's not like that you know i mean we're more so being targeted so so for the officers that are not like that this doesn't apply to you but but then again it also affects you because you're not speaking out against the systemic racism and the policing that are coming into the communities that are only whether they're trying to fill a quarter or they just want to target people of color so i kind of blame a lot of the officers that are that are against it or speak against it but choose not to speak out and on the way equal standards because you know the lack of accountability can lead to a lot of different directions know and that's why one thing i'm hoping that equal standard would open up the dialogue and get the officers that are against it to want to speak out because as you see with the um the derek shoving our case the wall has starting to be penetrated when officers were starting to speak out against their own union officials or their own counterpart and and that's something that i it was interesting to me that the derrick chavin case was the catalyst for this because it was the one incident i've i've seen these now dating back from trayvon martin all the way through with all all the um the popular cases infamous cases as it were and this was the one incident that every officer i spoke to said oh this guy's going to jail like nobody said well he should have listened you know i heard that with uh with eric gardner or you know walter scott was another bad one where he's running away but there's a lot of these controversial shootings michael brown and whatnot but this one every officer said oh that cops in a lot of trouble that cops going to jail and that was the one that tipped the scales when it seemed like there was no controversy on the law enforcement side why do you think that was the one well well for one you've seen from beginning to end of a man that's of a modern day lynching actually with a man's foot and kneel on his neck for nine minutes in certain amount of seconds that's that's basically a live mention in in the public eye but don't don't get it wrong don't think that people on the legal justice system didn't try to find a way to try to manipulate that or change that because look how long it had to take for a live lynching to actually take place to be to have a conviction laid out and didn't have the people have to be so happy like wow look what we had to actually witness because if it wasn't for the young lady that kept her phone on from beginning to end then they were to try to find inconsistencies in the recording and try to say what a state topic though undertake stop so how do we know that that tape is no it's not been manipulated or has it hasn't been touched or tampered with but it's a sad situation that it had to take a live lynching on national television for people to say you know what i'm tired of it you know i mean don't get me wrong i do believe that there's always been some that wanted to speak out and i also get the fact that it's a fraternity that that on blue white so under as well as any street organization there's a fraternity that that you basically gotta appease to when you sign up to certain things but then it comes a point in time that those rules and those and those and those principles are become deviated and it becomes a deviant and also applies to a person's personal feelings about the individual and whether it's about his religion his gender of choice or the color of his skin or political desires so it's like i said it's a sad situation that it had to take this but it's a start that's how i look at it and and i appreciate your stance on it now you and i i believe want the same thing and the reason why i think we're in this cycle of well we're just going to get more training on implicit bias or we're going to talk about racism is because i think we're chasing down the wrong problem and this is what i mean by that i think there's a police culture that we need to address and if we narrow it to only race we're failing to frame the whole thing my example of this is in 2016 there's a white guy by the name of tony timpa tony tempo was his he was suffocated to death by three cops tony tim was a white guy three cops on top of him dallas fort worth they crushed him on on on camera and you it's it's about a 15-minute video the the similarities between tony tempa and george floyd leaving this earth tragically are eerily simple if you put them up the only difference is tony temple was under the knees of these officers for longer 15 minutes so to me and there's cases of these daniel shavers i have i have lists of names of white people hispanic people that were also killed by cops under under extenuating circumstances under controversial circumstances so what i'm trying to do is say look if we only focus on this this narrow this narrow segment not saying it's not important but it's narrow we need to address the bigger issue which is maybe how we're training cops overall could you see that as being a larger issue as well of of course because it also it always starts with teaching that's just what whether you're a child or an adult everything begins with the teaching so the same way racism is taught it can be eradicated through teaching so policy also plays a major part in this right and you know and being that you the the position that you hold i've always was curious is it two different you know it's under one benevolent society of of the academy i always wonder if it's in two different types of policies of training that's what i always wondered because it seems like when when officers at least on the way is being projected when officers are coming in contact with what went on on whether a right a sale or anything like that that's the least resort they go to for their weapon they also probably be more diplomatic but when it's a black person that's unarmed it's more so attacked and then ask questions and that's kind of what makes me wonder what is what is the objective is is it taught to when you go when you're going through these different ranges you know how they show these statues of whether you saw a person holding a child and which one you shoot when you don't shoot and makes me wonder is are these faces that's being placed in front of these officers people of color that that that went and they're only looked as blacks are automatically looked as criminals so shoot first and then ask questions whether yeah they're unarmed or not so to answer your question and i'll be as honest and upfront with you as i can be absolutely not the case when at least from my experience in the in my 18 years in the academy that i went through there is no you know two sides like this is how we treat this segment this is how we treat this segment and also the the tight rope that i would have to walk to cover up for an officer as well as what i need to risk so i have this you know the quote unquote thin blue line or the broth


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