United States 117th Congress Status: Died 1 D cosponsors

HR 7701 — Wage Theft Prevention and Wage Recovery Act of 2022

Last action — Placed on the Union Calendar, Calendar No. 388.

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Bill Text

What changed in the latest version

148 added · 416 removed

Plain-language change summary

The amendment adds additional sponsors to the bill and specifies that the Secretary will create model disclosures and a model pay stub for employers to use in complying with certain wage-related requirements. It also removes the introductory findings section that describes the issue of wage theft, including its various forms and impacts on workers. These changes clarify the responsibilities of the Secretary and streamline the focus of the bill on compliance rather than outlining the problem of wage theft.

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7701 Introduced in House (IH)] <DOC> 117th CONGRESS 2d Session H.
7701 Reported in House (RH)] <DOC> Union Calendar No.
388 117th CONGRESS 2d Session H.
7701 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.
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.
which was referred to the Committee on Education and Labor _______________________________________________________________________ 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.
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.
This Act may be cited as the ``Wage Theft Prevention and Wage Recovery Act''.
This Act may be cited as the ``Wage Theft Prevention and Wage Recovery Act of 2022''.
SEC.
2.
FINDINGS.
Congress finds the following:
(1) Wage theft occurs when an employer does not pay an employee for work that the employee has performed, depriving the worker of wages and earnings to which the worker is legally entitled.
This theft occurs in many forms, including by employers violating minimum wage requirements, failing to pay overtime compensation, requiring off-the-clock work, failing to provide final payments, misclassifying employees as being exempt from overtime compensation or as independent contractors rather than as employees, and improperly withholding tips.
(2) Wage theft poses a serious and growing problem across industries for working individuals of the United States.
Wage theft is widespread and is estimated to cost workers more than $15,000,000,000 per year.
In certain industries, compliance with Federal wage and hour laws is less than 50 percent.
(3) Wage theft is closely associated with employment discrimination, with women, immigrants, and racial and ethnic minorities being disproportionately affected.
Women are significantly more likely to experience minimum wage violations than men, foreign-born workers are nearly 2 times as likely to experience minimum wage violations as their counterparts born in the United States, and African Americans are 3 times more likely to experience minimum wage violations than their White counterparts.
(4) Wage theft is closely associated with unsafe working conditions.
(5) Wage theft-- (A) depresses the wages of working families who are already struggling to make ends meet;
(B) strains social services funds;
(C) diminishes consumer spending power and hurts local economies;
(D) reduces vital State and Federal tax revenues;
(E) places law-abiding employers at a competitive disadvantage with noncompliant employers;
(F) burdens commerce and the free flow of goods;
and (G) lowers labor standards throughout labor markets.
(6) Low-wage workers are at the greatest risk of suffering from wage theft.
A survey of 4,387 low-wage workers in New York, Los Angeles, and Chicago found that 68 percent of the workers surveyed had experienced some form of wage theft in the workweek immediately before the survey was conducted.
These workers experienced a range of wage and hour violations:
26 percent of such workers were not paid minimum wage;
76 percent of such workers who worked more than 40 hours in the workweek immediately before the survey was conducted were not paid at the overtime rate;
and, in the year before the survey was conducted, 43 percent of the workers who attempted to address such issues by filing a complaint with their employer or who attempted to form a labor organization experienced retaliation by their employers, including by being fired, suspended, or receiving threats of reductions in their hours or pay.
(7) In 2012, State and Federal authorities as well as private attorneys recovered at least $933,000,000 in wage theft enforcement actions, which was nearly 3 times the value of all bank robberies, residential robberies, convenience store and gas station robberies, and street robberies in the United States during that year.
(8) A Department of Labor study of wage theft in California and New York found that wage theft deprived workers of 37 percent to 49 percent of their income, pushing at least 15,000 families below the poverty line and driving another 50,000 to 100,000 families deeper into poverty.
(9) A study analyzing wage theft claims in the State of Washington from 2009 to 2013 estimated that the total economic cost of wage theft to the State totaled more than $64,000,000 resulting from the lower economic activity and spending of low- wage workers due to their lost wages.
(10) A Department of Labor study of wage violations in California and New York found that wage theft deprived families of $5,600,000 in possible earned income tax credits and resulted in a $22,000,000 loss in State tax revenue, a $238,000,000 loss in payroll tax revenue, and a $113,000,000 loss in Federal income tax revenue.
(11) Barriers to addressing wage theft continue to exist decades after the enactment of the Fair Labor Standards Act of (29 U.S.C.
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201 et seq.).
These barriers have resulted, in significant part, because enforcement of such Act has not worked as Congress originally intended and because many of the provisions of such Act do not include sufficient penalties to discourage violations.
Improvements to enforcement and amendments to such Act are necessary to ensure that such Act provides effective protection to individuals subject to wage theft.
(12) The lack of a Federal right for employees to receive full compensation at the agreed upon wage rate for all work performed by the employee has resulted in workers being able to recover only the applicable minimum wage, or the overtime rate if applicable, when employers engage in wage theft.
(13) The lack of a Federal requirement to provide employees with paystubs indicating how their pay is calculated or to allow employees to inspect their employers' payroll records significantly impedes efforts to identify and challenge wage theft.
(14) The lack of a Federal requirement to pay employees their final payments in a timely manner upon termination of the employment relationship between the employer and employee has led to unreasonable, and sometimes indefinite, delays in compensation after an employment relationship ends.
(15) While the Fair Labor Standards Act of 1938, and regulations promulgated by the Secretary of Labor, as in effect on the day before the date of enactment of this Act, require employers to compensate employees at the minimum wage rate and to provide overtime compensation when appropriate, the lack of civil penalties for most violations of these requirements has dampened their effectiveness.
(16) While the Fair Labor Standards Act of 1938 and regulations promulgated by the Secretary of Labor, as in effect on the day before the date of enactment of this Act, provide employees who are subject to wage theft with the right to unpaid minimum wages or unpaid overtime compensation plus an additional equal amount as liquidated damages, this low level of damages has proved insufficient to deter employers from stealing the wages of their employees.
(17) While the Fair Labor Standards Act of 1938 and regulations promulgated by the Secretary of Labor, as in effect on the day before the date of enactment of this Act, require employers to keep records of employees' pay, the lack of remedies beyond injunctive relief for this requirement diminishes the effectiveness of the requirement.
(18) While the Fair Labor Standards Act of 1938 and regulations promulgated by the Secretary of Labor, as in effect on the day before the date of enactment of this Act, provide for limited criminal penalties when employers violate the provisions of such Act, the Secretary of Labor rarely resorts to these penalties, causing them to serve as a hollow threat.
(19) The statute of limitations under section 6 of the Portal-to-Portal Act of 1947 (29 U.S.C.
255), as in effect on the day before the date of enactment of this Act, precludes employees from commencing a claim for wage theft more than 2 years after the cause of action accrued, or more than 3 years after the cause of action accrued if the claim is with respect to a willful violation by the employer.
Additionally, the statute of limitations is not automatically suspended while the Secretary of Labor investigates a complaint.
These strict confines of the statute of limitations sometimes result in employees being deprived of their ability to institute a private lawsuit against their employer in order to recover their stolen wages.
(20) Section 16(b) of the Fair Labor Standards Act of 1938 (29 U.S.C.
216(b)), as in effect on the day before the date of enactment of this Act, requires employees to affirmatively ``opt-in'' in order to be a party plaintiff in a collective action brought by another aggrieved employee seeking to recover stolen wages in court.
This provision limits the ability of employees to unite and pursue private lawsuits against employers.
(21) Under the penalty structure of the Fair Labor Standards Act of 1938, as in effect on the day before the date of enactment of this Act, many employers who are caught violating such Act continue to violate the Act.
A Department of Labor investigation found that one-third of employers who had previously engaged in wage theft continued to do so.
(22) The Government Accountability Office and the Department of Labor have recognized that when employers are assessed civil penalties, they are more likely to comply with the law in the future and other employers in the same region-- regardless of industry--are also more likely to comply with the law.
(23) States that have enacted legislation to address wage theft by increasing the damages to which employees are entitled following violations of wage and hour laws have positively impacted the workers in such States.
However, many States have not enacted such legislation and, worse still, some States do not have any laws protecting workers from wage theft or even agencies to enforce workers' rights to compensation for work.
This discrepancy in State laws has resulted in a fragmentation of workers' rights across the United States, with some workers having a measure of protection from wage theft and other workers being left extremely vulnerable to wage theft.
(24) Effective enforcement of wage and hour laws is critical to increasing compliance.
Given the limited resources available for enforcement, enhanced strategic enforcement of Federal wage and hour laws is crucial.
(25) For enhanced strategic enforcement to be effective, government regulators must work with community stakeholders who have direct knowledge of ongoing violations of Federal wage and hour requirements and who are in a position to prevent such violations.
(26) Partnerships between regulators, workers, nonprofit organizations, and businesses can increase compliance by educating workers about their rights, collecting evidence, reporting violations, identifying noncompliant employers, and modeling good practices.
(27) Partnerships between regulators, workers, nonprofit organizations, and businesses have been successful in combating wage theft.
In 2006, the Division of Labor Standards Enforcement of the State of California created a janitorial enforcement team to work closely with a local janitorial watchdog organization.
As of 2015, the partnership had resulted in countless administrative, civil, and criminal actions against employers and in the collection of more than $68,000,000 in back pay for janitorial workers.
(28) The Comptroller General of the United States has recommended that the Department of Labor identify ways to leverage its resources to better combat wage theft by improving services provided through partnerships.
SEC.
3.
PURPOSES.
The purposes of this Act are to prevent wage theft and facilitate the recovery of stolen wages by-- (1) strengthening the penalties for engaging in wage theft;
(2) giving workers the right to receive, in a timely manner, full compensation for the work they perform, certain disclosures, regular paystubs, and final payments;
(3) providing workers with improved tools to recover their stolen wages in court;
and (4) making assistance available to enhance enforcement of and compliance with Federal wage and hour laws through-- (A) supporting initiatives that address and prevent violations of such laws and assist workers in wage recovery;
(B) supporting individual entities and developing community partnerships that expand and improve cooperative efforts between enforcement agencies and community-based organizations in the prevention of wage and hour violations and enforcement of wage and hour laws;
(C) expanding outreach to workers in industries or geographic areas identified by the Secretary of Labor as highly noncompliant with Federal wage and hour laws;
(D) improving detection of employers who are not complying with such laws and aiding in the identification of violations of such laws;
and (E) facilitating the collection of evidence to assist enforcement efforts.
``(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;
``(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;
``(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, and any cost to the employee associated with such allowance or reimbursements.
``(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.
``(c) 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.
``(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.
``(3) Limitation.--Notwithstanding paragraphs (1) and (2), any individual described in paragraph (4) who intentionally avoids receiving a final payment described in paragraph (1), or who refuses to receive the final payment when fully tendered, resulting in the employer violating the requirement under such paragraph, shall not be entitled to the compensation provided under paragraph (2) for the time during which the individual so avoids final payment.
``(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.
(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'';
(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'';
and (iv) in the fourth sentence, by striking ``sections 6 and 7'' and inserting ``section 6, 7, or 8'';
and (iv) in the third sentence, by striking ``sections 6 and 7'' and inserting ``section 6, 7, or 8'';
``(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 such wages lost accrued at the prevailing rate, and an additional amount as liquidated damages that is equal to 2 times the amount of such wages lost, as described in subsection (b).'';
``(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).'';
``(B) A covered offender described in this subparagraph is a person who willfully violates each of the following:
``(B) A covered offender described in this subparagraph is a person who willfully violates any of the following:
Not later than 21 days after an employee requests such an inspection, the employer shall comply with the request.
Not later than 21 days after an employee requests such an inspection, the employer shall comply with the request.''.
255) is amended-- (1) in the matter preceding subsection (a), by striking ``minimum'';
255) is amended-- (1) in the matter preceding paragraph (a), by striking ``minimum'';
(2) in subsection (a)-- (A) by striking ``may be commenced within two years'' and inserting ``may be commenced within 4 years'';
(2) in paragraph (a)-- (A) by striking ``may be commenced within two years'' and inserting ``may be commenced within 4 years'';
(3) in subsection (d), by striking the period and inserting ``;
(3) in paragraph (d), by striking the period and inserting ``;
(1) Administrator.--The term the ``Administrator'' means the Administrator of the Wage and Hour Division of the Department of Labor.
(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;
(2) 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;
(E) employee or advocate of employees, including a labor organization, community and faith-based organization, business association, or nonprofit legal aid organization;
(E) employee or advocate of employees, including a labor organization, community-based organization, faith-based organization, business association, or nonprofit legal aid organization;
(3) Community partnership.--The term ``community partnership'' means a partnership between-- (A) a working group consisting of community partners;
(2) Community partnership.--The term ``community partnership'' means a partnership between-- (A) a working group consisting of community partners;
(4) Eligible entity.--The term ``eligible entity'' means an entity that is any of the following:
(3) Eligible entity.--The term ``eligible entity'' means an entity that is any of the following:
(D) An institution of higher education, as defined by section 101 of the Higher Education Act of 1965 (20 U.S.C.
(D) An institution of higher education, as defined by section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001).
1001(a)).
(5) Employ;
(4) Employ;
(6) Secretary.--The term ``Secretary'' means the Secretary of Labor.
(5) Secretary.--The term ``Secretary'' means the Secretary of Labor.
(7) Strategic enforcement.--The term ``strategic enforcement'' means the process by which the Secretary-- (A) targets highly noncompliant industries, as identified by the Secretary, using industry-specific structures to influence, and ultimately reform, networks of interconnected employers;
(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.
(B) analyzes regulatory regimes under which specific industries operate;
(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.
and (C) modifies the enforcement approach of such regulatory regimes in order to ensure the greatest impact.
(8) 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.
(9) 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.
(a) In General.--The Secretary, acting through the Administrator, shall provide grants to eligible entities to assist such entities in enhancing the enforcement of wage and hour laws, in accordance with this section and consistent with the purposes of this Act.
(a) In General.--The Secretary shall provide grants to eligible entities to assist amployees and employers.
and (2) develop community partnerships to expand and improve cooperative efforts between enforcement agencies and members of the community to-- (A) prevent and reduce wage and hour violations;
and (2) develop community partnerships to expand and improve cooperative efforts to-- (A) prevent and reduce wage and hour violations;
and (B) assist employees in recovering back pay for any such violations.
(B) assist employees in recovering back pay for any such violations;
(c) Use of Funds.-- (1) Permissible activities.--The grants described in this section shall assist eligible entities in establishing and supporting activities that include-- (A) disseminating information and conducting outreach and training to educate employees about their rights under wage and hour laws;
and (C) assist employers in complying with wage and hour laws.
(B) conducting educational training for employers about their obligations under 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;
(C) conducting orientations and trainings jointly with officials of the Wage and Hour Division of the Department of Labor;
(2) conducting educational and compliance training for employers about their obligations under wage and hour laws;
(D) providing assistance to employees in filing claims of wage and hour violations;
(3) providing assistance to employees in filing claims of wage and hour violations;
(E) assisting enforcement agencies in conducting investigations, including in the collection of evidence and recovering back pay;
and (4) any other activities as the Secretary may reasonably prescribe through notice and comment rulemaking.
(F) monitoring compliance with wage and hour laws;
(G) performing joint visitations to worksites that violate wage and hour laws with officials from the Wage and Hour Division of the Department of Labor;
(H) establishing networks for education, communication, and participation in the workplace and community;
(I) evaluating the effectiveness of programs designed to prevent wage and hour violations and enforce wage and hour laws;
(J) recruiting and hiring of staff and volunteers;
(K) production and dissemination of outreach and training materials;
and (L) any other activities as the Secretary may reasonably prescribe through notice and comment rulemaking.
(2) Prohibited activities.--Notwithstanding paragraph (1), an eligible entity receiving a grant under this section may not use the grant funds for any purpose reasonably prohibited by the Secretary through notice and comment rulemaking.
(B) information on the prevalence of wage and hour violations in each community or State of the eligible entity;
(B) information on the prevalence of wage and hour violations in each community or State the eligible entity proposes to serve;
and (F) the method by which the eligible entity will measure results of such program.
and (F) any additional information the Secretary deems relevant.
(2) Priority.--In selecting grant recipients under paragraph (1), the Secretary shall give priority to eligible entities that-- (A) serve employees in any industry or geographic area that is most highly at risk for noncompliance with wage and hour violations, as identified by the Secretary;
(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;
(3) Other considerations.--In selecting grant recipients under paragraph (1), the Secretary shall also consider-- (A) the prevalence of ongoing community support for each eligible entity, including financial and other contributions;
(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.
and (B) the eligible entity's past and ongoing partnerships with other organizations.
(g) Memoranda of Understanding.-- (1) In general.--Not later than 60 days after receiving 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.
(3) Revisions.--The memorandum of understanding under this subsection shall be reviewed and revised by the grant recipient and the Secretary each year of the duration of the grant.
(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.-- (1) In general.--Each grant recipient under this section shall develop procedures for reporting, monitoring, measuring, and evaluating the activities of each program or project funded under this section.
(h) Performance Evaluations.--The Secretary shall develop guidelines for evaluating the activities of each program or project funded under this section.
(2) Guidelines.--The procedures required under paragraph (1) shall be in accordance with guidelines established by the Secretary.
(j) Use of Components.--In addition to the Wage and Hour Division, the Secretary (acting through the Administrator) may use any division or agency of the Department of Labor in carrying out this title.
GAO STUDY.
(a) In General.--The Comptroller General of the United States shall conduct a study to identify successful programs carried out by grants under section 302, and the elements, policies, or procedures of such programs that can be replicated by other programs carried out by grants under such section.
(b) Report.--Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to the Secretary and Congress containing the results of the study conducted under subsection (a).
(c) Use of Information.--The Secretary shall use information contained in the report submitted under subsection (b)-- (1) to improve the quality of community partnership programs assisted or carried out under this title that are in existence as of the publication of the report;
and (2) to develop models for new community partnership programs to be assisted or carried out under this title.
SEC.
304.
TITLE IV--REGULATIONS AND EFFECTIVE DATE SEC.
TITLE IV--RELATION TO OTHER LAWS, REGULATIONS, AND EFFECTIVE DATE SEC.
REGULATIONS.
RELATION TO OTHER LAWS.
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.
(a) In General.--Section 18(a) of the Fair Labor Standards Act of (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.
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.
and (2) the date that is 18 months after the date of enactment of this Act.
or (2) the date that is 18 months after the date of enactment of this Act.
<all>
Union Calendar No.
388 117th CONGRESS 2d Session H.
R.
7701 [Report No.
117-540] _______________________________________________________________________ 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
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Sections of law this bill changes

6 sections in 2 laws

From the bill's own amending language, matched to the official United States Code (current through Public Law 119-124).

Fair labor standards · 29 U.S.C. ch. 8 4 sections Amends the act as a whole
  • § 211 Collection of data Amends

    29 U.S.C. § 211 — at 211(c)

    The law today

    (a) Investigations and inspections The Administrator or his designated representatives may investigate and gather data regarding the wages, hours, and other conditions and practices of employment in any industry subject to this chapter, and may enter and inspect such places and such records (and make such transcriptions thereof), question such employees, and investigate such facts, conditions, practices, or matters as he may deem necessary or appropriate to determine whether any person has violated any provision of this chapter, or which may aid in the enforcement of the provisions of this chapter. Except as provided in section 212 of this title and in subsection (b) of this section, the Administrator shall utilize the bureaus and divisions of the Department of Labor for all the investigations and inspections necessary under this section. Except as provided in section 212 of this title, the Administrator shall bring all actions under section 217 of this title to restrain violations of this chapter. (b) State and local agencies and employees With the consent and cooperation of State agencies charged with the administration of State labor laws, the Administrator and the Secretary of Labor may, for the purpose of carrying out their respective functions and duties under this chapter, utilize the services of State and local agencies and their employees and, notwithstanding any other provision of law, may reimburse such State and local agencies and their employees for services rendered for such purposes. (c) Records Every employer subject to any provision of this chapter or of any order issued under this chapter shall make, keep, and preserve such records of the persons employed by him and of the wages, hours, and other conditions and practices of employment maintained by him, and shall preserve such records for such periods of time, and shall make such reports therefrom to the Administrator as he shall prescribe by regulation or order as necessary or appropriate for the enforcement of the provisions of this chapter or the regulations or orders there­under. The employer of an employee who performs substitute work described in section 207(p)(3) of this title may not be required under this subsection to keep a record of the hours of the substitute work. (d) Homework regulations The Administrator is authorized to make such regulations and orders regulating, restricting, or prohibiting industrial homework as are necessary or appropriate to prevent the circumvention or evasion of and to safeguard the minimum wage rate prescribed in this chapter, and all existing regulations or orders of the Administrator relating to industrial homework are continued in full force and effect.

    17 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

  • § 215 Prohibited acts; prima facie evidence Amends

    29 U.S.C. § 215 — at 215(a)

    The law today

    (a) After the expiration of one hundred and twenty days from June 25, 1938, it shall be unlawful for any person— (1) to transport, offer for transportation, ship, deliver, or sell in commerce, or to ship, deliver, or sell with knowledge that shipment or delivery or sale thereof in commerce is intended, any goods in the production of which any employee was employed in violation of section 206 or section 207 of this title, or in violation of any regulation or order of the Secretary issued under section 214 of this title; except that no provision of this chapter shall impose any liability upon any common carrier for the transportation in commerce in the regular course of its business of any goods not produced by such common carrier, and no provision of this chapter shall excuse any common carrier from its obligation to accept any goods for transportation; and except that any such transportation, offer, shipment, delivery, or sale of such goods by a purchaser who acquired them in good faith in reliance on written assurance from the producer that the goods were produced in compliance with the requirements of this chapter, and who acquired such goods for value without notice of any such violation, shall not be deemed unlawful; (2) to violate any of the provisions of section 206 or section 207 of this title, or any of the provisions of any regulation or order of the Secretary issued under section 214 of this title; (3) to discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter, or has testified or is about to testify in any such proceeding, or has served or is about to serve on an industry committee; (4) to violate any of the provisions of section 212 of this title; (5) to violate any of the provisions of section 211(c) of this title, or any regulation or order made or continued in effect under the provisions of section 211(d) of this title, or to make any statement, report, or record filed or kept pursuant to the provisions of such section or of any regulation or order thereunder, knowing such statement, report, or record to be false in a material respect; and (6) to violate any of the provisions of section 218d of this title. (b) For the purposes of subsection (a)(1) proof that any employee was employed in any place of employment where goods shipped or sold in commerce were produced, within ninety days prior to the removal of the goods from such place of employment, shall be prima facie evidence that such employee was engaged in the production of such goods.

    54 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

  • § 216 Penalties Amends

    29 U.S.C. § 216 — at 216(e) and 216(a)

    The law today

    (a) Fines and imprisonment Any person who willfully violates any of the provisions of section 215 of this title shall upon conviction thereof be subject to a fine of not more than $10,000, or to imprisonment for not more than six months, or both. No person shall be imprisoned under this subsection except for an offense committed after the conviction of such person for a prior offense under this subsection. (b) Damages; right of action; attorney’s fees and costs; termination of right of action Any employer who violates the provisions of section 206 or section 207 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) or 218d 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) or 218d of this title, including without limitation employment, reinstatement, promotion, and the payment of wages lost and an additional equal amount as liquidated damages. Any employer who violates section 203(m)(2)(B) of this title shall be liable to the employee or employees affected in the amount of the sum of any tip credit taken by the employer and all such tips unlawfully kept by the employer, and in an additional equal amount as liquidated damages. An action to recover the liability prescribed in 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 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 or section 207 of this title by an employer liable therefor 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) or 218d of this title. (c) Payment of wages and compensation; waiver of claims; actions by the Secretary; limitation of actions 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 or section 207 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 unpaid minimum wages or overtime compensation and an equal amount as liquidated damages. The right provided by subsection (b) 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 reco...

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  • § 218 Relation to other laws Amends

    29 U.S.C. § 218 — at 218(a)

    The law today

    (a) No provision of this chapter or of any order thereunder shall 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. (b) Notwithstanding any other provision of this chapter (other than section 213(f) of this title) or any other law— (1) any Federal employee in the Canal Zone engaged in employment of the kind described in section 5102(c)(7) of title 5, or (2) any employee employed in a nonappropriated fund instrumentality under the jurisdiction of the Armed Forces, shall have his basic compensation fixed or adjusted at a wage rate that is not less than the appropriate wage rate provided for in section 206(a)(1) of this title (except that the wage rate provided for in section 206(b) of this title shall apply to any employee who performed services during the workweek in a work place within the Canal Zone), and shall have his overtime compensation set at an hourly rate not less than the overtime rate provided for in section 207(a)(1) of this title.

    6 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

Portal-to-portal pay · 29 U.S.C. ch. 9 1 section
  • § 255 Statute of limitations Amends

    29 U.S.C. § 255

    The law today

    Any action commenced on or after May 14, 1947, to enforce any cause of action for unpaid minimum wages, unpaid overtime compensation, or liquidated damages, under the Fair Labor Standards Act of 1938, as amended [29 U.S.C. 201 et seq.], the Walsh-Healey Act, or the Bacon-Davis Act 1 — (a) if the cause of action accrues on or after May 14, 1947—may be commenced within two years after the cause of action accrued, and every such action shall be forever barred unless commenced within two years after the cause of action accrued, except that a cause of action arising out of a willful violation may be commenced within three years after the cause of action accrued; (b) if the cause of action accrued prior to May 14, 1947—may be commenced within whichever of the following periods is the shorter: (1) two years after the cause of action accrued, or (2) the period prescribed by the applicable State statute of limitations; and, except as provided in paragraph (c), every such action shall be forever barred unless commenced within the shorter of such two periods; (c) if the cause of action accrued prior to May 14, 1947, the action shall not be barred by paragraph (b) if it is commenced within one hundred and twenty days after May 14, 1947 unless at the time commenced it is barred by an applicable State statute of limitations; (d) with respect to any cause of action brought under section 216(b) of this title against a State or a political subdivision of a State in a district court of the United States on or before April 18, 1973, the running of the statutory periods of limitation shall be deemed suspended during the period beginning with the commencement of any such action and ending one hundred and eighty days after the effective date of the Fair Labor Standards Amendments of 1974, except that such suspension shall not be applicable if in such action judgment has been entered for the defendant on the grounds other than State immunity from Federal jurisdiction.

    25 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

Also cites: 20 U.S.C. § 1001, 29 U.S.C. § 203, 29 U.S.C. § 204, 29 U.S.C. § 206, 29 U.S.C. § 207, 29 U.S.C. § 210, 29 U.S.C. § 217

Action History

  1. Reported (Amended) by the Committee on Education and Labor. H. Rept. 117-540.

  2. Reported (Amended) by the Committee on Education and Labor. H. Rept. 117-540.

  3. Placed on the Union Calendar, Calendar No. 388.

  4. Committee Consideration and Mark-up Session Held.

  5. Ordered to be Reported (Amended) by the Yeas and Nays: 27 - 19.

  6. Introduced in House

  7. Introduced in House

  8. Referred to the House Committee on Education and Labor.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

labor
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Frequently asked questions

Who sponsors HR 7701?
HR 7701 is sponsored by DeLauro, Rosa L. (Democratic).
What is the current status of HR 7701?
This bill died with 117th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 7701?
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