Hearing on “Reviewing the Rules and Regulations Implementing Federal Wage and Hour Standards.”

The House Subcommittee on Workforce Protections just now heard testimony on the Fair Labor Standards Act. (Though the white collar exemptions were discussed, the proposed rules are NOT out- still no word on when they will be.)

Discussion included:

  • the currently exempt status of home health care workers,
  • whether or not compensatory time should be instituted in private industry,
  • the difficulties of tracking hours worked off-premises now that employees can use technology to work off-site,
  • how to better train employees for better paying jobs,
  • raising the minimum wage,
  • wage and hour enforcement, especially the manner in which investigators are holding final conferences, the demise of opinion letters, DOL’s reluctance to provide back wage receipt forms to employer’s who conduct self-audits, and use of the “hot goods” provisions of the FLSA when the goods are perishable
  • the white-collar exemptions–both the duties test and the salary threshold, with much time being spent on the “concurrent duties” provisions

Information on the those providing testimony:
http://edworkforce.house.gov/calendar/eventsingle.aspx?EventID=398974

Home Care Final Rule
http://www.dol.gov/whd/regs/compliance/whdfsFinalRule.pdf
http://www.dol.gov/whd/homecare/litigation.htm

Working Families Flexibility Act
http://edworkforce.house.gov/yourtime/

The Fair Minimum Wage Act
http://democrats.edworkforce.house.gov/issue/fair-minimum-wage-act

Proposed White Collar Revisions Submitted to OMB (Secretary’s blog 5/5/2015)
https://blog.dol.gov/2015/05/05/rewarding-hard-work/