; (B) inserting ; or (v) a flexible work arrangement plan after any other factor other than sex ; and (C) by inserting job-related before factor other than sex ; and (2) by adding at the end the following: (5) In this subsection, the term flexible work arrangement plan means a plan offered by an employer that an employee may opt into in which the employee agrees to certain scheduling benefits, including— (A) flexible scheduling. (B) a telework program; or (C) a compressed work schedule program that allows the employee to work the equivalent of full-time employment over a fewer number of days by increasing the number of daily hours worked. . 4. Pay analysis Section 16 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216 ) is amended by adding at the end the following: (f) (1) If an employer conducts a pay analysis audit and such audit reveals unlawful differentials in pay between equal jobs and such employer takes reasonable steps to address such differentials consistent with federal laws prohibiting pay discrimination, such employer shall not be liable for liquidated damages in an action brought against the employer for a violation of section 6(d) if such audit is conducted— (A) in good faith to investigate such differentials; and (B) not earlier than the date that is 3 years before the date on which the action is brought and not later than the date that is 1 day before the action is brought. (2) An audit under this section and remedial action taken in response to the findings of such audit may not be discoverable or admissible for any purpose in any claim against the employer. (3) An employer who has not completed an audit under this subsection shall not be subject to a negative or adverse inference as a result of not having completed such audit. . 5. Wage, salary, and benefit history