Office of the Architect of the Capitol: Comments Received on Proposed Rulemaking on Fair Labor Standards Act – November 1, 2004
Posted November 1st, 2004
Dear Executive Director Thompson:
Thank you for this opportunity to offer comments on the Notice of Proposed Rulemaking (NPR) concerning changes to the Office of Compliance’s regulations pertaining to the application of the Fair Labor Standards Act of 1938 (FLSA) to covered employees of employing offices. On September 30, 2004, the Board of Directors of the Office of Compliance(the Board) issued a Notice of Proposed Rulemaking (NPR), pursuant to section 304 (“Substantive Regulations”) of the Congressional Accountability Act, 2 U.S.C. 1384.1 This letter provides the comments of the Office of the Architect of the Capitol (AOC) to the NPR.
The rights and protections of certain sections of the Fair Labor Standards Act of 1938 (FLSA) are applied to covered employees in the Congressional Accountability Act (“CAA”), 2 U.S.C. §§ 1301-1438. The CAA specifically applies sections 6(a)(1), 6(d), 7, and 12 of the FLSA, 29 U.S.C. §§ 206(a)(1), 206(d), 207,212.
Section 541.0 oftheNPRerroneously identifies 29 U.S.C. §213,2 U.S.C. §203, and 2 U.S.C. §304 as the statutory authority for the publication of the proposed regulations. It appears that the Board intended to reference Section 203 of the CAA, 2 U.S.C. §1313, and Section 304 of the CAA, 2 U.S.C. §1384. Accordingly, the erroneous citations should be replaced by the correct statutory citations.
As indicated above, the CAA does not reference Section 13 of the FLSA among the sections applied to covered employees directly through Section 203 of the CAA. Rather, as the existing OOC regulations explain, the FLSA exemptions apply “by virtue of Section 225(f)(1) of the CAA,” 2 U.S.C. 1361(f)(1), entitled “Definitions and Exemptions.” See OOC Reg. §C541.01. Thus,2U.S.C. § 136l(f)( 1) should be substituted for 29 U.S.C. §213. This explanation provided in current Board regulation section C541.01 (a)-(b) should be incorporated into Proposed Regulation Section 541.0.
The language of Section 541.0 states, inaccurately, that “The equal pay provisions in section 6(d) of the [FLSA] are also administered and enforced by the Office of Compliance.” This new wording reflects the substitution of the OOC for “the United States Equal Employment Opportunity Commission (EEOC), as stated in the DOL regulations.
Learn more and continue to read by downloading the following document(s).
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Office of the Architect of the Capitol: Comments Received on Proposed Rulemaking on Fair Labor Standards Act – November 1, 2004
Posted November 1st, 2004
Dear Executive Director Thompson:
Thank you for this opportunity to offer comments on the Notice of Proposed Rulemaking (NPR) concerning changes to the Office of Compliance’s regulations pertaining to the application of the Fair Labor Standards Act of 1938 (FLSA) to covered employees of employing offices. On September 30, 2004, the Board of Directors of the Office of Compliance(the Board) issued a Notice of Proposed Rulemaking (NPR), pursuant to section 304 (“Substantive Regulations”) of the Congressional Accountability Act, 2 U.S.C. 1384.1 This letter provides the comments of the Office of the Architect of the Capitol (AOC) to the NPR.
The rights and protections of certain sections of the Fair Labor Standards Act of 1938 (FLSA) are applied to covered employees in the Congressional Accountability Act (“CAA”), 2 U.S.C. §§ 1301-1438. The CAA specifically applies sections 6(a)(1), 6(d), 7, and 12 of the FLSA, 29 U.S.C. §§ 206(a)(1), 206(d), 207,212.
Section 541.0 oftheNPRerroneously identifies 29 U.S.C. §213,2 U.S.C. §203, and 2 U.S.C. §304 as the statutory authority for the publication of the proposed regulations. It appears that the Board intended to reference Section 203 of the CAA, 2 U.S.C. §1313, and Section 304 of the CAA, 2 U.S.C. §1384. Accordingly, the erroneous citations should be replaced by the correct statutory citations.
As indicated above, the CAA does not reference Section 13 of the FLSA among the sections applied to covered employees directly through Section 203 of the CAA. Rather, as the existing OOC regulations explain, the FLSA exemptions apply “by virtue of Section 225(f)(1) of the CAA,” 2 U.S.C. 1361(f)(1), entitled “Definitions and Exemptions.” See OOC Reg. §C541.01. Thus,2U.S.C. § 136l(f)( 1) should be substituted for 29 U.S.C. §213. This explanation provided in current Board regulation section C541.01 (a)-(b) should be incorporated into Proposed Regulation Section 541.0.
The language of Section 541.0 states, inaccurately, that “The equal pay provisions in section 6(d) of the [FLSA] are also administered and enforced by the Office of Compliance.” This new wording reflects the substitution of the OOC for “the United States Equal Employment Opportunity Commission (EEOC), as stated in the DOL regulations.
Learn more and continue to read by downloading the following document(s).
Office of the Architect of the Capitol: Comments Received on Proposed Rulemaking on Fair Labor Standards Act - November 1, 2004
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CATEGORIES: Comments Pending Regulations
TAGS: Fair Labor Standards Act (FLSA) Notice of Proposed Rulemaking (NPRM)