Congress Considers Proposed FLSA Amendments

Congress is currently considering several amendments to the Fair Labor Standards Act (FLSA), including those that, if passed, would increase the federal minimum wage, affect whether workers in certain job categories would be exempt from minimum-wage and overtime requirements and increase protections for workers who report certain FLSA violations.

The Catching Up to 1968 Act of 2012 would increase the federal minimum wage to $10 per hour — approximately the amount of the minimum wage, adjusted for inflation, in 1968 — and would index future increases to the consumer price index. Employees who receive tips would receive at least 70% of the minimum wage, but not less than $5.50 per hour.

The Companionship Exemption Protection Act would require that workers who provide companionship services — non-medical in-home care or household assistance for those who are unable to care for themselves due to age or infirmity — would continue to be exempt from minimum wage and overtime requirements, as they are now. The intent of the proposed act is to block a proposed rule from the Department of Labor that would extend minimum wage and overtime requirements to many in-home workers.

The Research Fairness Act of 2012 would exempt marketing-research participants and mystery shoppers from minimum-wage and overtime requirements.

The End Pay Discrimination through Information Act would strengthen protections against retaliation for employees who report violations of equal pay requirements. The bill states, as a finding, that “[e]mployers that intentionally discriminate on the basis of sex should be held accountable for their wrongdoing.”

WeComply’s FLSA training course explains the basic requirements of the FLSA in terms that are easy to understand.

Categories: Workplace Compliance
Tags: FLSA