PAID Underway. (Beltway Buzz, April 6, 2018)


PAID Underway. On April 3, the Department of Labor's (DOL) Wage and Hour Division (WHD) officially launched its Payroll Audit Independent Determination (PAID) program to encourage employers to voluntarily resolve potential overtime and minimum wage violations under the Fair Labor Standards Act (FLSA). Stakeholders who are interested in the six-month pilot program should review the website, which has a step-by-step guide on how to participate. Further, the WHD will also conduct a webinar on the program on April 10. Alfred B. Robinson, Jr., has further details on the program here.

SCOTUS Issues FLSA Decision. Speaking of the FLSA, on April 2 the Supreme Court of the United States issued its decision in Encino Motorcars, LLC v. Navarro and found that automobile service advisors are exempt from the federal law's overtime provisions. Significantly, the Court rejected the principle that FLSA exemptions should be construed narrowly, because nothing in the statute provides for such interpretation. Alfred B. Robinson, Jr., and Hera S. Arsen have the details.

EEOC General Counsel Update. On April 10, the Senate Health, Education, Labor and Pensions (HELP) Committee will hold a confirmation hearing on the nomination of Sharon Fast Gustafson to be general counsel of the Equal Employment Opportunity Commission (EEOC). While the confirmation hearing is obviously a good (and necessary) first step to getting a general counsel at the Commission, it's not the confirmation hearings that have slowed down the process of filling vacant agency positions. Rather, the bottleneck occurs on the Senate floor, where a long line of appointees—judges, ambassadors, agency officials—awaits approval of the full Senate. The whole process reminds the Buzz of a trip to the doctor: sitting in the waiting room isn't so bad, but it's that lengthy, chilly, half-naked wait in the examining room that is the most frustrating.

Labor Nominee Votes Coming Soon? Before leaving town for spring recess, Senate Majority Leader Mitch McConnell (R-KY) filed cloture on two labor nominees: Patrick Pizzella (nominated for Deputy Secretary at the DOL) and John Ring (nominated to be a member of the National Labor Relations Board). This means that these nominees have made it to the front of that long queue and could get a vote on the Senate...

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