No. If they were using the process to voluntarily bring their compensation practices to be providing equal pay for work of equal value, then the obligations under the act would not apply to them. They would still be exempted, or it wouldn't apply because they would be below the threshold.
Also, in terms of the statistics, in the federal jurisdiction, one to nine employees.... These stats are looking at the number of women, broken down by employer size. There are approximately 24,000 women working in workplaces with one to nine employees, and that makes up about 7% of the share of total female employment.