[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7701 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 388
117th CONGRESS
  2d Session
                                H. R. 7701

                          [Report No. 117-540]

To amend the Fair Labor Standards Act of 1938 and the Portal-to-Portal 
Act of 1947 to prevent wage theft and assist in the recovery of stolen 
  wages, to authorize the Secretary of Labor to administer grants to 
       prevent wage and hour violations, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 10, 2022

   Ms. DeLauro (for herself, Mr. Scott of Virginia, Mr. Carson, Mr. 
   DeSaulnier, Ms. Lee of California, Mr. Sablan, Mr. McGovern, Ms. 
Newman, Ms. Porter, Mr. Jones, Ms. Barragan, Ms. Bonamici, Ms. Jayapal, 
 Ms. Jacobs of California, Mr. Larson of Connecticut, Ms. Schakowsky, 
 Ms. Wilson of Florida, Ms. Velazquez, Mr. San Nicolas, Mr. Mfume, Mr. 
   Raskin, Mr. Bowman, Mr. Rush, Ms. Garcia of Texas, Ms. Omar, Mr. 
  Takano, Ms. Adams, Mrs. Watson Coleman, Mr. Johnson of Georgia, Ms. 
   Stevens, Ms. Meng, Mr. Danny K. Davis of Illinois, Ms. Tlaib, Mr. 
Evans, Ms. Sherrill, Mr. Pocan, Mr. Nadler, Mr. Grijalva, Ms. Scanlon, 
 Ms. Norton, Ms. Bass, Mr. Norcross, and Mr. Cicilline) introduced the 
 following bill; which was referred to the Committee on Education and 
                                 Labor

                            October 7, 2022

    Additional sponsors: Ms. McCollum, Mr. Espaillat, and Mrs. Hayes

                            October 7, 2022

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on May 10, 
                                 2022]


_______________________________________________________________________

                                 A BILL


 
To amend the Fair Labor Standards Act of 1938 and the Portal-to-Portal 
Act of 1947 to prevent wage theft and assist in the recovery of stolen 
  wages, to authorize the Secretary of Labor to administer grants to 
       prevent wage and hour violations, and for other purposes.


 


    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Wage Theft Prevention and Wage 
Recovery Act of 2022''.

      TITLE I--AMENDMENTS TO THE FAIR LABOR STANDARDS ACT OF 1938

SEC. 101. REQUIREMENTS TO PROVIDE CERTAIN DISCLOSURES, REGULAR 
              PAYSTUBS, AND FINAL PAYMENTS.

    The Fair Labor Standards Act of 1938 is amended by inserting after 
section 4 (29 U.S.C. 204) the following:

``SEC. 5. REQUIREMENTS TO PROVIDE CERTAIN DISCLOSURES, REGULAR 
              PAYSTUBS, AND FINAL PAYMENTS.

    ``(a) Disclosures.--
            ``(1) Initial disclosures.--Not later than 15 days after 
        the date on which an employer hires an employee who in any 
        workweek is engaged in commerce or in the production of goods 
        for commerce, or is employed in an enterprise engaged in 
        commerce or in the production of goods for commerce, the 
        employer of such employee shall provide such employee with an 
        initial disclosure containing the information described in 
        paragraph (3). Such initial disclosure shall be--
                    ``(A) provided as a written statement or, if the 
                employee so chooses, as a digital document provided 
                through electronic communication; and
                    ``(B) made available in the employee's primary 
                language.
            ``(2) Modification disclosures.--Not later than the earlier 
        of 5 days after the date on which any of the information 
        described in paragraph (3) changes with respect to an employee 
        described in paragraph (1) or the date of the next paystub 
        following the date on which such information changes, the 
        employer of such employee shall provide the employee with a 
        modification disclosure containing all the information 
        described in paragraph (3).
            ``(3) Information.--The information described in this 
        paragraph shall include--
                    ``(A) the rate of pay and whether the employee is 
                paid by the hour, shift, day, week, or job, or by 
                salary, piece rate, commission, or other form of 
                compensation;
                    ``(B)(i) an indication of whether the employee is 
                being classified by the employer as an employee subject 
                to the minimum wage requirements of section 6 or as an 
                employee that is exempt from (or otherwise not subject 
                to) such requirements as provided under section 
                3(m)(2), 6, 13, or 14, as well as the reason for the 
                exemption; and
                    ``(ii) in the case that such employee is not 
                classified as being an employee subject to such minimum 
                wage requirements, an identification of the section 
                described in clause (i) providing for such 
                classification;
                    ``(C)(i) an indication of whether the employee is 
                being classified by the employer as an employee subject 
                to the overtime compensation requirements of section 7 
                or as an employee exempt from such requirements as 
                provided under section 7 or 13; and
                    ``(ii) in the case that such employee is not 
                classified as being an employee subject to such 
                overtime compensation requirements, an identification 
                of the section described in clause (i) providing for 
                such classification;
                    ``(D) the name of the employer and any other name 
                used by the employer to conduct business; and
                    ``(E) the physical address of and telephone number 
                for the employer's main office or principal place of 
                business, and a mailing address for such office or 
                place of business if the mailing address is different 
                than the physical address.
    ``(b) Paystubs.--
            ``(1) In general.--Every employer shall provide each 
        employee of such employer who in any workweek is engaged in 
        commerce or in the production of goods for commerce, or is 
        employed in an enterprise engaged in commerce or in the 
        production of goods for commerce, a paystub that corresponds to 
        work performed by the employee during the applicable pay period 
        and contains the information required under paragraph (3) in 
        any form provided under paragraph (2).
            ``(2) Forms.--A paystub required under this subsection 
        shall be a written statement and may be provided in any of the 
        following forms:
                    ``(A) As a separate document accompanying any 
                payment to an employee for work performed during the 
                applicable pay period.
                    ``(B) In the case of an employee who receives 
                paychecks from the employer, as a detachable statement 
                accompanying each paycheck.
                    ``(C) As a digital document provided through 
                electronic communication, subject to the employee 
                affirmatively consenting to receive the paystubs in 
                this form.
            ``(3) Contents.--Each paystub shall contain all of the 
        following information:
                    ``(A) The name of the employee.
                    ``(B) Except in the case of an employee who is 
                exclusively paid a salary and is exempt from the 
                overtime requirements of section 7, the total number of 
                hours worked by the employee, including the number of 
                hours worked per workweek, during the applicable pay 
                period.
                    ``(C) The total gross and net wages paid, and, 
                except in the case of an employee who is exclusively 
                paid a salary and is exempt from the overtime 
                requirements of section 7, the rate of pay for each 
                hour worked during the applicable pay period.
                    ``(D) In the case of an employee who is paid any 
                salary, the amount of any salary paid during the 
                applicable pay period.
                    ``(E) In the case of an employee employed at piece 
                rates, the number of piece rate units earned, the 
                applicable piece rates, and the total amount paid to 
                the employee per workweek for the applicable pay period 
                in accordance with such piece rates.
                    ``(F) The rate of pay per workweek of the employee 
                during the applicable pay period and an explanation of 
                the basis for such rate.
                    ``(G) The number of overtime hours per workweek 
                worked by the employee during the applicable pay period 
                and the compensation required under section 7 that is 
                provided to the employee for such hours.
                    ``(H) Any additional compensation provided to the 
                employee during the applicable pay period, with an 
                explanation of each type of compensation, including any 
                allowances or reimbursements such as amounts related to 
                meals, clothing, lodging, or any other item.
                    ``(I) Itemized deductions from the gross income of 
                the employee during the applicable pay period, and an 
                explanation for each deduction.
                    ``(J) The date that is the beginning of the 
                applicable pay period and the date that is the end of 
                such applicable pay period.
                    ``(K) The name of the employer and any other name 
                used by the employer to conduct business.
                    ``(L) The name and phone number of a representative 
                of the employer for contact purposes.
                    ``(M) Any additional information that the Secretary 
                reasonably requires to be included through notice and 
                comment rulemaking.
    ``(c) Model Disclosures and Pay Stub.--The Secretary shall 
prescribe model disclosures and a model pay stub that may be used to 
satisfy the requirements of subsections (a) and (b), respectively. The 
Secretary shall make the model disclosures and the model pay stub 
publicly available to employers.
    ``(d) Final Payments.--
            ``(1) In general.--Not later than 14 days after an 
        individual described in paragraph (4) terminates employment 
        with an employer (by action of the employer or the individual), 
        or on the date on which such employer pays other employees for 
        the pay period during which the individual so terminates such 
        employment, whichever date is earlier, the employer shall 
        provide the individual with a final payment, which includes all 
        compensation due to such individual for all time worked and 
        benefits incurred (including retirement, health, leave, fringe, 
        and other benefits) by the individual as an employee for the 
        employer.
            ``(2) Continuing wages.--An employer who violates the 
        requirement under paragraph (1) shall, for each day, not to 
        exceed 30 days, of such violation provide the individual 
        described in paragraph (4) with compensation at a rate that is 
        equal to the regular rate of compensation, as determined under 
        this Act, to which such individual was entitled when such 
        individual was an employee of such employer.
            ``(3) Limitation.--Notwithstanding paragraphs (1) and (2), 
        an individual described in paragraph (4) shall not be entitled 
        to the compensation described under paragraph (2) if the 
        employer successfully demonstrates that--
                    ``(A) the employer made a good-faith effort to 
                provide the final payment described in paragraph (1); 
                and
                    ``(B) the individual refused or otherwise 
                intentionally avoided receiving such final payment.
            ``(4) Individual.--An individual described in this 
        paragraph is an individual who was employed by the employer, 
        and through such employment, in any workweek, was engaged in 
        commerce or in the production of goods for commerce, or was 
        employed in an enterprise engaged in commerce or in the 
        production of goods for commerce.''.

SEC. 102. RIGHT TO FULL COMPENSATION.

    (a) In General.--The Fair Labor Standards Act of 1938 is amended by 
inserting after section 7 (29 U.S.C. 207) the following:

``SEC. 8. RIGHT TO FULL COMPENSATION.

    ``(a) In General.--In the case of an employment contract or other 
employment agreement, including a collective bargaining agreement, that 
specifies that an employer shall compensate an employee (who is 
described in subsection (b)) at a rate that is higher than the rate 
otherwise required under this Act, the employer shall compensate such 
employee at the rate specified in such contract or other employment 
agreement.
    ``(b) Employee Engaged in Commerce.--The requirement under 
subsection (a) shall apply with respect to any employee who in any 
workweek is engaged in commerce or in the production of goods for 
commerce, or is employed in an enterprise engaged in commerce or in the 
production of goods for commerce.''.
    (b) Conforming Amendment.--The Fair Labor Standards Act of 1938 is 
amended by repealing section 10 (29 U.S.C. 210).

SEC. 103. CIVIL AND CRIMINAL ENFORCEMENT.

    (a) Prohibited Acts.--Section 15(a) of the Fair Labor Standards Act 
of 1938 (29 U.S.C. 215(a)) is amended--
            (1) in paragraph (1), by striking ``section 6 or section 
        7'' and inserting ``section 6, 7, or 8''; and
            (2) in paragraph (2), by striking ``section 6 or section 
        7'' and inserting ``section 5, 6, 7, or 8''.
    (b) Damages.--The Fair Labor Standards Act of 1938 (29 U.S.C. 201 
et seq.) is amended--
            (1) in section 4(f) (29 U.S.C. 204(f)), in the third 
        sentence, by striking ``for unpaid minimum wages, or unpaid 
        overtime compensation, and liquidated damages'' and inserting 
        ``for unpaid wages, or unpaid overtime compensation, as well as 
        interest and liquidated damages,'';
            (2) in section 6(d)(3) (29 U.S.C. 206(d)(3)), by striking 
        ``minimum'';
            (3) in section 16 (29 U.S.C. 216)--
                    (A) in subsection (b)--
                            (i) by striking ``section 6 or section 7'' 
                        each place it appears and inserting ``section 
                        6, 7, or 8'';
                            (ii) by striking ``minimum'' each place it 
                        appears;
                            (iii) in the first sentence, by striking 
                        ``and in an additional equal amount as 
                        liquidated damages'' and inserting ``the amount 
                        of any interest on such unpaid wages or unpaid 
                        overtime compensation accrued at the prevailing 
                        rate, and an additional amount as liquidated 
                        damages that is equal to (subject to the second 
                        sentence of this subsection) 2 times such 
                        amount of unpaid wages or unpaid overtime 
                        compensation'';
                            (iv) in the second sentence, by striking 
                        ``wages lost and an additional equal amount as 
                        liquidated damages'' and inserting ``wages 
                        lost, including any unpaid wages or any unpaid 
                        overtime compensation, the amount of any 
                        interest on such wages lost accrued at the 
                        prevailing rate, and an additional amount as 
                        liquidated damages that is equal to 3 times the 
                        amount of such wages lost'';
                            (v) by striking the fifth sentence; and
                            (vi) by adding at the end the following: 
                        ``Notwithstanding chapter 1 of title 9, United 
                        States Code (commonly known as the `Federal 
                        Arbitration Act'), or any other law, the right 
                        to bring an action, including a joint, class, 
                        or collective claim, in court under this 
                        section cannot be waived by an employee as a 
                        condition of employment or in a pre-dispute 
                        arbitration agreement.''; and
                    (B) in subsection (c)--
                            (i) by striking ``minimum'' each place the 
                        term appears;
                            (ii) in the first sentence--
                                    (I) by striking ``section 6 or 7'' 
                                and inserting ``section 6, 7, or 8''; 
                                and
                                    (II) by striking ``and an 
                                additional equal amount as liquidated 
                                damages'' and inserting ``, any 
                                interest on such unpaid wages or unpaid 
                                overtime compensation accrued at the 
                                prevailing rate, and an additional 
                                amount as liquidated damages that is 
                                equal to (subject to the third sentence 
                                of this subsection) 2 times such amount 
                                of unpaid wages or unpaid overtime 
                                compensation'';
                            (iii) in the second sentence, by striking 
                        ``and an equal amount as liquidated damages.'' 
                        and inserting ``, any interest on such unpaid 
                        wages or unpaid overtime compensation accrued 
                        at the prevailing rate, and an additional 
                        amount as liquidated damages that is equal to 
                        (subject to the third sentence of this 
                        subsection) 2 times such amount of unpaid wages 
                        or unpaid overtime compensation. In the event 
                        that the employer violates section 15(a)(3), 
                        the Secretary may bring an action in any court 
                        of competent jurisdiction to recover the amount 
                        of any wages lost, including any unpaid wages 
                        or any unpaid overtime compensation, any 
                        interest on such wages lost accrued at the 
                        prevailing rate, an additional amount as 
                        liquidated damages that is equal to 3 times the 
                        amount of such wages lost, and any such legal 
                        or equitable relief as may be appropriate.''; 
                        and
                            (iv) in the third sentence, by striking 
                        ``sections 6 and 7'' and inserting ``section 6, 
                        7, or 8''; and
            (4) in section 17 (29 U.S.C. 217), by striking ``minimum''.
    (c) Civil Fines.--Section 16(e) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 216(e)) is amended--
            (1) by striking paragraph (2) and inserting the following:
    ``(2)(A) Subject to subparagraph (B), any person who violates 
section 6, 7, or 8, relating to wages, shall be subject to a civil fine 
that is not to exceed $22,030 per each employee affected for each 
initial violation of such section.
    ``(B) Any person who repeatedly or willfully violates section 6, 7, 
or 8, relating to wages, shall be subject to a civil fine that is not 
to exceed $110,150 per each employee affected for each such violation.
    ``(C) Any person who violates section 3(m)(2)(B) shall be subject 
to a civil penalty not to exceed $12,340 for each such violation, as 
the Secretary determines appropriate, in addition to being liable to 
the employee or employees affected for all tips unlawfully kept, any 
interest on wages lost accrued at the prevailing rate, and an 
additional amount as liquidated damages that is equal to 2 times the 
amount of wages lost, as described in subsection (b).'';
            (2) by redesignating paragraphs (3), (4), and (5) as 
        paragraphs (5), (6), and (7), respectively; and
            (3) by inserting after paragraph (2) the following:
    ``(3) Any person who violates subsection (a) or (b) of section 5 
shall--
            ``(A) for the initial violation of such subsection, be 
        subject to a civil fine that is not to exceed $50 per each 
        employee affected; and
            ``(B) for each repeated or willful violation of such 
        subsection, be subject to a civil fine that is not to exceed 
        $100 per each employee affected.
    ``(4) Any person who violates section 11(c) shall--
            ``(A) for the initial violation, be subject to a civil fine 
        that is not to exceed $1,000 per each employee affected; and
            ``(B) for each repeated or willful violation, be subject to 
        a civil fine that is not to exceed $5,000 per each employee 
        affected.''.
    (d) Criminal Penalties.--Section 16(a) of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 216(a)) is amended--
            (1) by striking ``Any person'' and inserting ``(1) Any 
        person'';
            (2) in the first sentence, by striking ``$10,000'' and 
        inserting ``$10,000 per each employee affected'';
            (3) in the second sentence, by striking ``No person'' and 
        inserting ``Subject to paragraph (2), no person''; and
            (4) by adding at the end the following:
    ``(2)(A) Notwithstanding any other provision of this Act, the 
Secretary shall refer any case involving a covered offender described 
in subparagraph (B) to the Department of Justice for prosecution.
    ``(B) A covered offender described in this subparagraph is a person 
who willfully violates any of the following:
            ``(i) Section 11(c) by falsifying any records described in 
        such section.
            ``(ii) Section 6, 7, or 8, relating to wages.
            ``(iii) Section 15(a)(3).''.

SEC. 104. RECORDKEEPING.

    (a) In General.--Section 11(c) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 211(c)) is amended by adding at the end the following: 
``In the event that an employee requests an inspection of the records 
described in this subsection that pertain to such employee from the 
employer, orally or in writing, the employer shall provide the employee 
with a copy of the records for a period of up to 5 years prior to such 
request being made. Not later than 21 days after an employee requests 
such an inspection, the employer shall comply with the request.''.
    (b) Rebuttable Presumption.--Section 15 of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 215) is amended by adding at the end the 
following:
    ``(c) In the event that an employer violates section 11(c) and any 
regulations issued pursuant to such section, resulting in a lack of a 
complete record of an employee's hours worked or wages owed, the 
employee's production of credible evidence and testimony regarding the 
amount or extent of the work for which the employee was not compensated 
in compliance with the requirements under this Act shall be sufficient 
to create a rebuttable presumption that the employee's records are 
accurate. Such presumption shall be rebutted only if the employer 
produces evidence of the precise amount or extent of work performed or 
evidence to show that the inference drawn from the employee's evidence 
is not reasonable.''.

        TITLE II--AMENDMENTS TO THE PORTAL-TO-PORTAL ACT OF 1947

SEC. 201. INCREASING AND TOLLING STATUTE OF LIMITATIONS.

    Section 6 of the Portal-to-Portal Act of 1947 (29 U.S.C. 255) is 
amended--
            (1) in the matter preceding paragraph (a), by striking 
        ``minimum'';
            (2) in paragraph (a)--
                    (A) by striking ``may be commenced within two 
                years'' and inserting ``may be commenced within 4 
                years'';
                    (B) by striking ``unless commenced within two 
                years'' and inserting ``unless commenced within 4 
                years''; and
                    (C) by striking ``may be commenced within three 
                years'' and inserting ``may be commenced within 5 
                years'';
            (3) in paragraph (d), by striking the period and inserting 
        ``; and''; and
            (4) by adding at the end the following:
            ``(e) with respect to the running of any statutory period 
        of limitation described in this section, the running of such 
        statutory period shall be deemed suspended during the period 
        beginning on the date on which the Secretary of Labor notifies 
        an employer of an initiation of an investigation or enforcement 
        action and ending on the date on which the Secretary notifies 
        the employer that the matter has been officially resolved by 
        the Secretary.''.

    TITLE III--WAGE THEFT PREVENTION AND WAGE RECOVERY GRANT PROGRAM

SEC. 301. DEFINITIONS.

    In this title:
            (1) Community partner.--The term ``community partner'' 
        means any stakeholder with a commitment to enforcing wage and 
        hour laws and preventing abuses of such laws, including any--
                    (A) State department of labor;
                    (B) attorney general of a State, or other similar 
                authorized official of a political subdivision thereof;
                    (C) law enforcement agency;
                    (D) consulate;
                    (E) employee or advocate of employees, including a 
                labor organization, community-based organization, 
                faith-based organization, business association, or 
                nonprofit legal aid organization;
                    (F) academic institution that plans, coordinates, 
                and implements programs and activities to prevent wage 
                and hour violations and recover unpaid wages, damages, 
                and penalties; or
                    (G) any municipal agency responsible for the 
                enforcement of local wage and hour laws.
            (2) Community partnership.--The term ``community 
        partnership'' means a partnership between--
                    (A) a working group consisting of community 
                partners; and
                    (B) the Department of Labor.
            (3) Eligible entity.--The term ``eligible entity'' means an 
        entity that is any of the following:
                    (A) A nonprofit organization, including such an 
                organization that is a community-based organization, 
                faith-based organization, or labor organization, that 
                provides services and support to employees, including 
                assisting such employees in recovering unpaid wages.
                    (B) An employer.
                    (C) A business association.
                    (D) An institution of higher education, as defined 
                by section 101(a) of the Higher Education Act of 1965 
                (20 U.S.C. 1001(a)).
                    (E) A partnership between any of the entities 
                described in subparagraphs (A) through (D).
            (4) Employ; employee; employer.--The terms ``employ'', 
        ``employee'', and ``employer'' have the meanings given such 
        terms in section 3 of the Fair Labor Standards Act of 1938 (29 
        U.S.C. 203).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (6) Wage and hour law.--The term ``wage and hour law'' 
        means any Federal law enforced by the Wage and Hour Division of 
        the Department of Labor, including any provision of this Act 
        enforced by such division.
            (7) Wage and hour violation.--The term ``wage and hour 
        violation'' refers to any violation of a Federal law enforced 
        by the Wage and Hour Division of the Department of Labor, 
        including any provision of this Act enforced by such division.

SEC. 302. WAGE THEFT PREVENTION AND WAGE RECOVERY GRANT PROGRAM.

    (a) In General.--The Secretary shall provide grants to eligible 
entities to assist amployees and employers.
    (b) Grants.--A grant provided under this section shall be designed 
to--
            (1) support an eligible entity in establishing and 
        supporting the activities described in subsection (c)(1); and
            (2) develop community partnerships to expand and improve 
        cooperative efforts to--
                    (A) prevent and reduce wage and hour violations;
                    (B) assist employees in recovering back pay for any 
                such violations; and
                    (C) assist employers in complying with wage and 
                hour laws.
    (c) Use of Funds.--The grants described in this section shall 
assist eligible entities in establishing and supporting activities that 
include--
            (1) disseminating information and conducting outreach and 
        training to educate employees about their rights under wage and 
        hour laws;
            (2) conducting educational and compliance training for 
        employers about their obligations under wage and hour laws;
            (3) providing assistance to employees in filing claims of 
        wage and hour violations; and
            (4) any other activities as the Secretary may reasonably 
        prescribe through notice and comment rulemaking.
    (d) Term of Grants.--Each grant made under this section shall be 
available for expenditure for a period that is not to exceed 3 years.
    (e) Applications.--
            (1) In general.--An eligible entity seeking a grant under 
        this section shall submit an application for such grant to the 
        Secretary in accordance with this subsection.
            (2) Partnerships.--In the case of an eligible entity that 
        is a partnership described in section 301(4)(E), the eligible 
        entity may submit a joint application that designates a single 
        entity as the lead entity for purposes of receiving and 
        disbursing funds.
            (3) Contents.--An application under this subsection shall 
        include--
                    (A) a description of a plan for the program that 
                the eligible entity proposes to carry out with a grant 
                under this section, including a long-term strategy and 
                detailed implementation plan that reflects expected 
                participation of, and partnership with, community 
                partners;
                    (B) information on the prevalence of wage and hour 
                violations in each community or State the eligible 
                entity proposes to serve;
                    (C) information on any industry or geographic area 
                targeted by the plan for such program;
                    (D) information on the type of outreach and 
                relationship building that will be conducted under such 
                program;
                    (E) information on the training and education that 
                will be provided to employees and employers under such 
                program; and
                    (F) any additional information the Secretary deems 
                relevant.
    (f) Selection.--
            (1) Competitive basis.--In accordance with this subsection, 
        the Secretary shall, on a competitive basis, select grant 
        recipients from among eligible entities that have submitted an 
        application under subsection (e).
            (2) Priority.--In selecting grant recipients under 
        paragraph (1), the Secretary shall give priority to eligible 
        entities that--
                    (A) serve employees or employers in any industry or 
                geographic area that is most highly at risk for 
                noncompliance with wage and hour violations, as 
                identified by the Secretary; and
                    (B) demonstrate past and ongoing work to prevent 
                wage and hour violations or to recover unpaid wages.
    (g) Memoranda of Understanding.--
            (1) In general.--Not later than 60 days after receiving 
        notification of selection for a grant under this section, the 
        grant recipient shall negotiate and finalize with the Secretary 
        a memorandum of understanding that sets forth specific goals, 
        objectives, strategies, and activities that will be carried out 
        under the grant by such recipient through a community 
        partnership.
            (2) Signatures.--A representative of the grant recipient 
        (or, in the case of a grant recipient that is an eligible 
        entity described in section 301(4)(E), a representative of each 
        entity that composes the grant recipient) and the Secretary 
        shall sign the memorandum of understanding under this 
        subsection.
            (3) Revisions.--The memorandum of understanding under this 
        subsection shall be reviewed and revised by the grant recipient 
        and the Secretary each year for the duration of the grant.
    (h) Performance Evaluations.--The Secretary shall develop 
guidelines for evaluating the activities of each program or project 
funded under this section.
    (i) Revocation or Suspension of Funding.--If the Secretary 
determines that a recipient of a grant under this section is not in 
compliance with the terms and requirements of the memorandum of 
understanding under subsection (g), the Secretary may revoke or suspend 
(in whole or in part) the funding of the grant.

SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated $50,000,000 for fiscal year 
2023 and for each subsequent fiscal year through fiscal year 2026, to 
remain available until expended, to carry out the grant program under 
section 302.

   TITLE IV--RELATION TO OTHER LAWS, REGULATIONS, AND EFFECTIVE DATE

SEC. 401. RELATION TO OTHER LAWS.

    (a) In General.--Section 18(a) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 218(a)) is amended by adding at the end the following: 
``The requirements of section 5 shall not preempt or supercede any 
requirement under State or local law that an employer disclose the 
rate, frequency, or classification of pay at any time during an 
individual's employ, or that an employer provide regular paystubs or 
earnings statements to employees, so long as such requirement is at 
least as comprehensive as the requirements described under such 
section.''.
    (b) Assistance to Employers.--The Secretary of Labor shall provide 
such assistance to employers operating in more than one State as may be 
necessary to ensure compliance with the amendments made by this Act.

SEC. 402. REGULATIONS.

    Not later than 18 months after the date of enactment of this Act, 
the Secretary of Labor shall promulgate such regulations as are 
necessary to carry out this Act and the amendments made by this Act.

SEC. 403. EFFECTIVE DATE.

    The amendments made by titles I and II shall take effect on the 
date that is the earlier of--
            (1) the date that is 6 months after the date on which the 
        final regulations are promulgated by the Secretary of Labor 
        under section 401; or
            (2) the date that is 18 months after the date of enactment 
        of this Act.
                                                 Union Calendar No. 388

117th CONGRESS

  2d Session

                               H. R. 7701

                          [Report No. 117-540]

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                                 A BILL

To amend the Fair Labor Standards Act of 1938 and the Portal-to-Portal 
Act of 1947 to prevent wage theft and assist in the recovery of stolen 
  wages, to authorize the Secretary of Labor to administer grants to 
       prevent wage and hour violations, and for other purposes.

_______________________________________________________________________

                            October 7, 2022

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed