FAIR LABOR STANDARDS ACT

Bills and resolutions

Agriculture: provide for preemption of certain State overtime laws for agricultural employees (see H.R. 353), H234 [12JA]

Business and industry: provide for prohibitions on employers relative to recording and use of employee images (see H.R. 4836), H3895 [24JY]

Children and youth: apply child labor laws to independent contractors and increase penalties for child labor law violations (see S. 637), S636 [2MR] (see S. 3051), S5048 [17OC]

——— increase civil penalties relative to child labor (see H.R. 2388), H1641 [29MR]

——— strengthen provisions relative to child labor (see H.R. 4046), H2808 [12JN]

Civil rights: enhance provisions related to wage discrimination (see H.R. 5053), H4141 [27JY]

——— improve remedies for discrimination in payment of wages based on sex (see S. 728), S742 [9MR] (see H.R. 17), H1277 [10MR]

——— prohibit discrimination in payment of wages based on sex, race, or national origin (see H.R. 1598), H1285 [14MR]

Construction industries: require paid rest breaks for certain construction employees (see H.R. 785), H677 [2FE]

Contracts: clarify status of independent contractor (see H.R. 781), H677 [2FE]

Correctional institutions: ensure incarcerated workers are paid Federal minimum wage (see S. 516), S457 [16FE] (see H.R. 6293), H5650 [8NO]

Dept. of Labor: assist employers providing employment to individuals with disabilities under special certificates allowing for payment of subminimum wage to transition away from and phase out use of such certificates (see S. 533), S506 [27FE] (see H.R. 1263), H970 [28FE]

——— clarify definition of employee relative to direct sellers under Fair Labor Standards Act (see H.R. 5419), H4263 [12SE]

——— clarify treatment of two or more employers as joint employers under National Labor Relations Act and Fair Labor Standards Act (see S. 1261), S1339 [25AP] (see H.R. 2826), H1945 [25AP]

——— ensure that database relating to Fair Labor Standards Act investigations is language accessible (see H.R. 1543), H1278 [10MR]

——— exclude child and dependent care services and payments from rate used to compute overtime compensation (see H.R. 3271), H2310 [11MY]

——— expand access to breastfeeding accommodations in workplace for certain employees of air carrier employers (see S. 1722), S1744 [18MY] (see H.R. 3576), H2499 [22MY]

——— expand child labor prohibitions (see S. 3142), S5213 [26OC]

——— expand working hours for employees between ages of 14 and 16 years during periods in which schools are in session (see H.R. 5274), H4204 [25AU]

——— harmonize definitions of employee with common law under Fair Labor Standards Act (see S. 3018), S4948 [4OC] (see H.R. 5513), H4346 [14SE]

——— increase criminal and civil penalties related to child labor and annually report to Congress on child labor violations (see H.R. 2956), H2084 [27AP]

——— increase minimum salary threshold for employees who are exempt from overtime pay and provide for periodic updates of such threshold (see S. 1041), S1052 [29MR] (see H.R. 2395), H1641 [29MR]

——— prevent employers from using non-compete agreements in employment contracts for certain non-exempt employees (see S. 379), S313 [9FE]

——— prevent wage theft and assist in recovery of stolen wages, administer grants to prevent wage and hour violations, require timely provision of pay stubs and paychecks, and strengthen retaliation protections (see S. 2769), S4388 [12SE] (see H.R. 5402), H4262 [12SE]

——— prohibit certain practices by employers relative to restrictions on discussion of employees’ and prospective employees’ salary and benefit history (see H.R. 1600), H1285 [14MR]

——— prohibit employers from paying employees in garment industry by piece rate and require manufacturers and contractors in garment industry to register with Dept. of Labor (see S. 2817), S4525 [14SE] (see H.R. 5502), H4345 [14SE]

——— prohibit work by children in tobacco-related agriculture by deeming such employment as particularly hazardous oppressive child labor (see S. 1921), S2050 [12JN] (see H.R. 4020), H2807 [12JN]

——— protect children from oppressive child labor and unsafe workplaces (see H.R. 4440), H3158 [30JN]

——— provide increased labor law protections for agricultural workers (see S. 2253), S2359 [12JY] (see H.R. 4579), H3476 [12JY]

——— provide small businesses flexibility in payment of employees by allowing pooling of tips among all employees (see H.R. 67), H100 [9JA]

——— revise definition of term ‘‘tipped employee’’ (see S. 781), S772 [14MR] (see H.R. 1612), H1286 [14MR]

Education: provide that services performed by certain individuals in postsecondary vocational institutions not be treated as employment (see H.R. 5742), H4712 [27SE]

Employment: allow employees to earn paid sick time to address their health needs, health needs of their families, or to seek assistance relative to domestic violence, stalking, or sexual assault (see S. 1664), S1704 [17MY] (see H.R. 3409), H2423 [17MY]

——— allow workers to make requests about schedules without fear of retaliation and ensure employers consider such requests in order to provide more stable and predictable schedules for employees (see S. 2851), S4589 [19SE] (see H.R. 5563), H4406 [19SE]

——— exclude voluntary skills training and educational opportunities for career advancement from hours worked (see S. 2878), S4653 [21SE] (see H.R. 1084), H852 [17FE]

——— exempt certain employees engaged in outdoor recreational outfitting or guiding services from overtime and maximum hour requirements (see S. 2914), S4678 [26SE] (see H.R. 6128), H5227 [1NO]

——— expand access to benefits and ensure fair treatment for part-time workers (see S. 2850), S4589 [19SE] (see H.R. 5578), H4407 [19SE]

——— extend Federal antidiscrimination protections to individuals who perform work for employers as independent contractors (see H.R. 5348), H4222 [5SE]

——— impose restrictions relative to prospective employees’ educational credentials (see H.R. 5960), H5015 [16OC]

——— prohibit agreements between employers that directly restrict current or future employment of any employee (see S. 2535), S3620 [26JY] (see H.R. 4932), H4029 [26JY]

——— provide that employee regular rate of pay for purposes of calculating overtime will not be affected by additional payments or bonuses (see H.R. 741), H675 [2FE]

——— reduce standard workweek from 40 to 32 hours per week (see H.R. 1332), H1049 [1MR]

——— require employer providing employment opportunity to disclose wage range for such employment opportunity to employees and applicants (see H.R. 1599), H1285 [14MR]

Immigration: create fund for construction of continuous wall along southern U.S. border, redirect amounts from foreign aid penalties and certain fees to such fund, and increase Border Patrol salaries and overtime (see H.R. 114), H102 [9JA]

Income: remove overtime wages exemption for certain employees (see S. 3273), S5458 [9NO] (see H.R. 6359), H5668 [9NO]

Lumber industry: exempt certain children employed in timber harvesting entities from child labor laws (see S. 671), S668 [7MR] (see H.R. 1397), H1148 [7MR]

Minimum wage: increase (see S. 2488), S3522 [25JY] (see S. 2785), S4440 [13SE] (see H.R. 505), H323 [25JA] (see H.R. 4889), H3950 [25JY]

——— provide for calculation based on Federal poverty threshold for family of 4, as determined by Bureau of the Census (see H.R. 122), H102 [9JA]

——— provide for Federal minimum wage based on regional cost-of-living (see H.R. 6722), H6859 [12DE]

——— repeal separate minimum wage for tipped employees (see H.R. 5369), H4229 [8SE]

Notices

Office of Congressional Workplace Rights: final regulations implementing provisions on congressional employees coverage under Fair Labor Standards Act, S574–S583 [1MR], H1008–H1017 [1MR]

Remarks in House

Children and youth: increase civil penalties relative to child labor (H.R. 2388), H1662 [30MR]

——— strengthen provisions relative to child labor (H.R. 4046), H3114 [23JN]

Civil rights: prohibit discrimination in payment of wages based on sex, race, or national origin (H.R. 1598), E213 [14MR]

——— strengthen equal pay requirements for women, H4016 [26JY]

Construction industries: require paid rest breaks for certain construction employees (H.R. 785), H3580 [14JY]

Dept. of Labor: disapprove rule relative to definition of independent contractors, H805 [9FE], H1321 [22MR]

——— prohibit certain practices by employers relative to restrictions on discussion of employees’ and prospective employees’ salary and benefit history (H.R. 1600), E214 [14MR]

Employment: extend Federal antidiscrimination protections to individuals who perform work for employers as independent contractors (H.R. 5348), E810 [5SE]

——— require employer providing employment opportunity to disclose wage range for such employment opportunity to employees and applicants (H.R. 1599), E214 [14MR]

Minimum wage: increase (H.R. 4889), H6118 [5DE]

Remarks in Senate

Civil rights: improve remedies for discrimination in payment of wages based on sex (S. 728), S2135 [20JN]

Dept. of Labor: increase minimum salary threshold for employees who are exempt from overtime pay and provide for periodic updates of such threshold (S. 1041), S3878 [5SE]

——— prohibit employers from paying employees in garment industry by piece rate and require manufacturers and contractors in garment industry to register with Dept. of Labor (S. 2817), S4698 [27SE]

——— provide increased labor law protections for agricultural workers (S. 2253), S2362 [12JY]

Employment: allow employees to earn paid sick time to address their health needs, health needs of their families, or to seek assistance relative to domestic violence, stalking, or sexual assault (S. 1664), S2135 [20JN]

Income: remove overtime wages exemption for certain employees (S. 3273), S5461 [9NO]

Reports filed

Healthy Families Act: Committee on Health, Education, Labor, and Pensions (Senate) (S. 1664), S2984 [18JY]

Paycheck Fairness Act: Committee on Health, Education, Labor, and Pensions (Senate) (S. 728), S2984 [18JY]

Texts of

S. 1921, Children Don’t Belong on Tobacco Farms Act, S2051 [12JN]