[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]
_______________________________________________________________________
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