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ARTICLE · 12 OCTOBER 2017

"Wage Theft"/"Wage Recovery" Bills Introduced

Fisher Phillips LLP
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Pending proposals would radically transform the federal Fair Labor Standards Act and the related federal Portal-to-Portal Act. Entitled the "Wage Theft Prevention and Wage Recovery Act"...

United StatesEmployment and HR
John Thompson
John Thompson
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Pending proposals would radically transform the federal Fair Labor Standards Act and the related federal Portal-to-Portal Act.  Entitled the "Wage Theft Prevention and Wage Recovery Act" in both the House (H.R. 3467) and the Senate (S. 1652), under this legislation employers would face substantially-increased compliance burdens and significantly-expanded potential liabilities. 

A "Deal Enforcement" Provision

The most-remarkable change would essentially turn the FLSA into a means for enforcing wage arrangements.  Currently, the FLSA simply requires employers to pay non-exempt workers not less than the prescribed minimum-wage rate and overtime compensation.  The U.S. Department of Labor and the courts have said that this law is not a vehicle for enforcing compensation understandings.

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