Activity aimed at reforming payroll-related policies continues in both the House and Senate. Recent proposals include: (1) ensuring that employees have the right to a secret ballot election for selecting labor organization representatives; (2) excluding payments for child and dependent care services from overtime compensation calculations; (3) reintroducing a program from 2018 established during the Trump administration; (4) clarifying the definition of “tipped employee”; and (5) preventing pay discrimination based on sex.
House Bills in Committee:
H.R. 2241: The Secret Ballot Protection Act was introduced on March 21, 2025, to ensure the right of employees to conduct a secret ballot election when selecting labor organization representatives. This bill would amend the National Labor Relations Act to mandate secret ballot elections for recognizing representatives and decertifying existing representatives. H.R. 2241 has been referred to the House Committee on Education and Workforce.
H.R. 2270: The Empowering Employer Child and Elder Care Solutions Act was proposed on March 21, 2025, to amend the Fair Labor Standards Act (FLSA) of 1938. It aims to exclude payments or reimbursements for child and dependent care services from the computation of overtime compensation. This amendment will apply to overtime compensation for workweeks beginning on or after the date of the bill’s enactment. H.R. 2270 has been referred to the House Committee on Education and Workforce.
H.R. 2299: The Ensuring Workers Get PAID Act, introduced on March 24, 2025, aims to establish the Payroll Audit Independent Determination (PAID) program within the Department of Labor. This program aims to help employers correct FLSA violations of minimum wage and overtime requirements. It details a process for employers to perform self-audits, file applications for review, and settle unpaid wages with affected employees while establishing protections against retaliation. This program was initially launched in 2018 under the Trump administration but was terminated by the Biden administration in 2021. H.R. 2299 has been referred to the House Committee on Education and Workforce.
H.R. 2312: The Tipped Employee Protection Act of 2025 was reintroduced on March 24, 2025, to amend the FLSA by revising the term “tipped employee”. This revision shifts the focus from the duties of the employee to the receipt of tips and cash wages. It specifies that a tipped employee is someone who receives tips and additional cash wages, and when these are combined with the required cash wage, the total amount is equal to or greater than the minimum wage. This amendment would also allow employers to determine the timeframe for calculating these wages, which can be set as one day, one week, every other week, every pay period, or one month. This bill has been referred to the House Committee on Education and Workforce.
Senate activity:
S. 1115: Senator Patty Murray (D-WA) reintroduced the Paycheck Fairness Act on March 25, 2025, to combat pay discrimination based on sex. It outlines provisions for preventing retaliation against employees discussing wages, enhanced enforcement of equal pay requirements, and penalties for violations. This bill would mandate negotiation skills training and research on pay disparities, focusing on women of color. It would also create a national award for employers advancing pay equity. The Equal Employment Opportunity Commission will be tasked with collecting pay data and prohibiting employers from seeking salary histories. It also includes assistance for small businesses to help them comply with the bill’s requirements. S. 1115 has been read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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