Comments
This collection of documents lists responses to notices of proposed rulemaking.
Other
This collection features responses to invitations for amicus curiae as well as rulings on petitions.
Procedural Rules
Section 303 of the CAA (2 U.S.C. 1383) directs the Executive Director of the Office of Congressional Workplace Rights (OCWR), as Chief Operating Officer, to adopt rules of procedure, subject to approval by the Board of Directors of the Office. The OCWR Rules of Procedure establish the process by which alleged violations of the 13 laws made applicable to the legislative branch under the CAA are considered and resolved.
In accordance with the CAA Reform Act of 2018, the OCWR has amended its Procedural Rules.
FMLA and FEPLA in the Congressional Record – Senate – S6983-S7017
FMLA and FEPLA in the Congressional Record – House – H5760-H5794
FMLA in the Congressional Record – Senate – S4475-4516
FMLA in the Congressional Record – House – H4128-4168
ADA in the Congressional Record – House – H557-H565
ADA in the Congressional Record – Senate – S624-S632
Final Regulations
The Board of Directors (Board) drafts and adopts regulations to implement statutory requirements under the various laws that make up the Congressional Accountability Act (CAA). As part of the drafting process, the Board and Executive Staff of the Office of Congressional Workplace Rights (formerly Office of Compliance) engage in a collaborative process with legislative branch stakeholders to develop the regulations. The Board adopts the final regulations, and Congress must approve them. In most cases, the U.S. Department of Labor regulations will serve as the default regulations until Congressional approval of the Board adopted regulations. The regulations below have been adopted by the Board and have been approved and issued by Congress. These final regulations have the force of law.
Pending Regulations
The Board of Directors of the Office of Congressional Workplace Rights (formerly Office of Compliance) drafts and adopts regulations to implement statutory requirements under the laws incorporated in the Congressional Accountability Act (CAA). As part of the drafting process, the Board and Executive Staff engage in a collaborative process with the agency’s stakeholders to develop the regulations within the practices and policies of the Congressional workplace. Congress must approve regulations adopted by the Board. In most cases, the U.S. Department of Labor regulations will serve as the default regulations until the regulations adopted by the Board are approved by Congress.
FMLA and FEPLA in the Congressional Record – Senate – S6983-S7017
FMLA and FEPLA in the Congressional Record – House – H5760-H5794
FMLA in the Congressional Record – Senate – S4475-4516
FMLA in the Congressional Record – House – H4128-4168
ADA in the Congressional Record – House – H557-H565
ADA in the Congressional Record – Senate – S624-S632
Substantive Regulations involving the Americans with Disabilities Act (ADA)
On September 9, 2014, a notice of proposed rulemaking and request for comments from interested parties was issued by the Board of Directors extending rights and protections under the Americans with Disabilities Act (ADA) relating to public services and accommodations. The notice and comment period ends 30 days from September 9, 2014.
ADA in the Congressional Record – House – H557-H565
ADA in the Congressional Record – Senate – S624-S632
ADA in the Congressional Record – House – H7363-H7387
ADA in the Congressional Record – Senate – S5434-S5460
Substantive Regulations Involving the Fair Labor Standards Act
The regulations, adopted by the Board of Directors, implementing exemptions from overtime pay requirements under FLSA have not yet been approved by Congress.
Final FLSA regulations can be found off-site in the Congressional Record. House | Senate
The history of FLSA proposed regulations can also be found off-site in the Congressional Record. House | Senate
Substantive Regulations Involving the Family and Medical Leave Act of 1993 (FMLA)
On September 16, 2015, the Board of Directors issued a notice of proposed rulemaking and requested comments from interested parties on regulations implementing the Family and Medical Leave Act of 1993 (FMLA), as applied in the CAA. The notice and comment period ended on November 16, 2015.
On June 22, 2016, the Board of Directors issued a notice of adoption of substantive regulations regarding the Family and Medical Leave Act of 1993, as applied in the CAA, for congressional approval, which appeared in the Congressional Record.
FMLA and FEPLA in the Congressional Record – Senate – S6983-S7017
FMLA and FEPLA in the Congressional Record – House – H5760-H5794
FMLA in the Congressional Record – Senate – S4475-4516
FMLA in the Congressional Record – House – H4128-4168
Substantive Regulations Involving the Uniformed Services Employment and Reemployment Rights Act (USERRA)
The USERRA regulations adopted by the Board of Directors have not yet been approved by Congress.