House Committee Announces Mark Up of Proposed Revisions To the Fair Labor Standards Act, Important to Workforce Employees
Overview
Just prior to the beginning of today’s House Committee on Education & Workforce Full Committee hearing on higher education outcomes and student debt, the Committee announced their intent to hold a mark-up this Thursday on three introduced pieces of legislation. The press release announcing the mark-up, entitled “@EdWorkforceCmte to Mark Up Bills to Deliver Flexibility, Fairness, and Faster Pay for America’s Workers,” states that the mark-up will consider “three bills to expand flexibility for families, boost earnings for tipped workers, and ensure workers get paid faster when payroll mistakes occur.”
Here is a very brief summary of CSPEN’s review of the three bills:
H.R. 2870 – The Working Families Flexibility Act
The bill seeks to amend the Fair Labor Standards Act of 1938 to provide compensatory time for employees in the private sector, making a series of revisions supporting access to overtime benefits for employees.
H.R. 2312 – The Tipped Employee Protection Act
The bill seeks to amend the Fair Labor Standards Act of 1938 (FLSA) to revise the definition of the term “tipped employee” – expanding the definition under 29 U.S.C. §203. Definitions “(t) Tipped Employee” from an individual who “engaged in an occupation in which he customarily and regularly receives more than $30 a month in tips” to “without regard to the duties of the employee, who receives tips and other cash wages for a period of 1 day, 1 week, every other week, every pay period, or 1 month at a rate that when combined with the cash wage is greater than or equal to the minimum wage under the FLSA.”
H.R. 2299 – Ensuring Workers Get PAID Act
The bill seeks to establish the Payroll Audit Independent Determination program in the Department of Labor, building on the pilot program established in 2018.
The mark-up is scheduled to begin on Thursday at 10:15 AM ET and can be viewed on the Committee’s livestream here (to%20establish%20the%20payroll%20audit%20independent%20determination%20program%20in%20the%20department%20of%20labor./) .
