The Fair Labor Standards Act: Continuing Issues in the Debate

The Fair Labor Standards Act: Continuing Issues in the Debate

Date: May 28, 2008
Creator: Whittaker, William G.
Description: This reports details the history of the Fair Labor Standards Act (FLSA). It focuses on the administration of the act and the interpretation of provisions, which Congress has left to the discretion of the Secretary of Labor. It also considers judicial decisions, which make up a substantial part of wage/hour issues and have an impact upon enforcement of the statute.
Contributing Partner: UNT Libraries Government Documents Department
Farm Labor: The Adverse Effect Wage Rate (AEWR)

Farm Labor: The Adverse Effect Wage Rate (AEWR)

Date: April 14, 2005
Creator: Whittaker, William G
Description: American agricultural employers have long utilized foreign workers on a temporary basis, regarding them as an important labor resource. At the same time, the relatively low wages and adverse working conditions of such workers have caused them to be viewed as a threat to domestic American workers. Some have argued that foreign guest workers compete unfairly with U.S. workers — both in terms of compensation that they are willing to accept and by making it somewhat more difficult for domestic workers to organize and to bargain with management. To mitigate any “adverse effect”for the domestic workforce, a system of wage floors was developed that applies, variously, both to alien and citizen workers: i.e., the adverse effect wage rate (AEWR). This report deals with one element of immigration (i.e., namely the H-2A workers). It introduces the adverse effect wage rate, it examines the concerns out of which it grew, and it explains at least some of the problems that have been encountered in giving it effect.
Contributing Partner: UNT Libraries Government Documents Department
Davis-Bacon Act Coverage and the State Revolving Fund Program Under the Clean Water Act

Davis-Bacon Act Coverage and the State Revolving Fund Program Under the Clean Water Act

Date: March 26, 2008
Creator: Whittaker, William G.
Description: This report discusses the Davis-Bacon Act (DBA), which established a prevailing wage requirement for persons working under government contracts, and the Clean Water Act (CWA), which includes a related requirement for the construction of wastewater treatment plants. In particular, it considers the impact on state revolving loan funds (SRF), in which states contribute part of the needed funds for projects and would need to account for the prevailing wage requirement.
Contributing Partner: UNT Libraries Government Documents Department
The Adverse Effect Wage Rate (AEWR)

The Adverse Effect Wage Rate (AEWR)

Date: April 5, 2004
Creator: Whittaker, William G.
Description: This report introduces the adverse effect wage rate (AEWR) and the concerns out of which it grew, from the perspective of labor policy (not of immigration policy). American agricultural employers have long utilized foreign workers on a temporary basis, regarding them as an important manpower resource. Often employed at low wages and under adverse conditions, such alien workers, some argue, may compete unfairly with U.S. workers. To mitigate any "adverse effect" for the domestic workforce, a system of wage floors was developed that applies, variously, both to alien and citizen workers.
Contributing Partner: UNT Libraries Government Documents Department
The Davis-Bacon Act: Issues and Legislation During the 108th Congress

The Davis-Bacon Act: Issues and Legislation During the 108th Congress

Date: March 19, 2004
Creator: Whittaker, William G.
Description: This report discusses the debate surrounding the Davis-Bacon Act (1931, as amended), which requires, among other things, that not less than the locally-prevailing wage be paid to workers employed in federal contract construction. Through recent decades, the Act has become a continuing source of contention, particularly regarding its impacts, whether it should be modified, strengthened, or repealed, and if it is being administered effectively.
Contributing Partner: UNT Libraries Government Documents Department
The Fair Labor Standards Act: Changes Made by the 101st Congress and Their Implications

The Fair Labor Standards Act: Changes Made by the 101st Congress and Their Implications

Date: January 1, 1991
Creator: Whittaker, William G.
Description: Initially, in the 101st Congress, a measure to increase federal minimum wage (and to make numerous other changes in the FLSA) was passed by both the House and the Senate but, in June 1989, it was vetoed by President Bush. An effort by the House to override the President's veto was unsuccessful. Later, new legislation was introduced and approved both by the House and the Senate. On November 17, 1989, President Bush signed the bill (P.L. 101-107).
Contributing Partner: UNT Libraries Government Documents Department
Federal Regulation of Working Hours: The Ballenger and Ashcroft Proposals (H.R. 1 and S.4)

Federal Regulation of Working Hours: The Ballenger and Ashcroft Proposals (H.R. 1 and S.4)

Date: April 16, 1998
Creator: Whittaker, William G
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Federal Regulation of Working Hours: The Ballenger and Ashcroft Proposals (H.R. 1 and S. 4)

Federal Regulation of Working Hours: The Ballenger and Ashcroft Proposals (H.R. 1 and S. 4)

Date: April 16, 1998
Creator: Whittaker, William G.
Description: During the 104 Congress, legislation was considered that would have altered the 40-hour workweek and overtime pay requirements for private sector workers. In somewhat altered form, such legislation [H.R. 1 (Ballenger) and S. 4 (Ashcroft)] has been reintroduced in the 105 Congress. This report, very briefly, summarizes the issues presented by H.R. 1 and S. 4.
Contributing Partner: UNT Libraries Government Documents Department
The Davis-Bacon Act: Suspension

The Davis-Bacon Act: Suspension

Date: September 26, 2005
Creator: Whittaker, William G
Description: The Davis-Bacon Act is one of several statutes that deals with federal government procurement. Enacted in 1931, Davis-Bacon requires, inter alia, that not less than the locally prevailing wage be paid to workers engaged in federal contract construction. This report reviews the several cases during which the Davis-Bacon Act was suspended and will likely be updated as developments make necessary.
Contributing Partner: UNT Libraries Government Documents Department
Davis-Bacon Suspension and Its Legislative Aftermath

Davis-Bacon Suspension and Its Legislative Aftermath

Date: October 3, 2005
Creator: Whittaker, William G
Description: During the last week of August 2005, Hurricane Katrina gathered strength in the Atlantic and moved against the gulf states. On September 8, 2005, amid the devastation left in Katrina’s wake, President George W. Bush suspended the Davis-Bacon Act as it applies to certain jurisdictions in Florida, Alabama, Mississippi, and Louisiana. Although the President has the authority, under Section 6 of the Act, to render such suspensions during a national emergency, that authority has rarely been utilized.1 This report analyzes the legislative aftermath of the suspension.
Contributing Partner: UNT Libraries Government Documents Department
Computer Services Personnel: Overtime Pay Under the Fair Labor Standards Act

Computer Services Personnel: Overtime Pay Under the Fair Labor Standards Act

Date: February 7, 2005
Creator: Whittaker, William G
Description: The Fair Labor Standards Act of 1938 (FLSA), as amended, is the primary federal statute in the area of minimum wages and overtime pay. Through administrative rulemaking, the Secretary of Labor has established two tests through which to define eligibility under the Section 13(a)(1) exemption: a duties test and an earnings test. In the 106th Congress, legislation was introduced by Representatives Andrews and Lazio that would have increased the scope of the exemption: first, by expanding the range of exempt job titles, and then, through a relative reduction in the value of the earnings threshold or test. For example, were the minimum wage increased to $6.15 per hour, as pending proposals would do, the value of the computer services exemption threshold would be 4.5 times the federal minimum wage. Ultimately, neither bill was enacted, but the issue has re-emerged as H.R. 1545 (Andrews) and H.R. 546 (Quinn).
Contributing Partner: UNT Libraries Government Documents Department
The Davis-Bacon Act: Institutional Evolution and Public Policy

The Davis-Bacon Act: Institutional Evolution and Public Policy

Date: November 30, 2007
Creator: Whittaker, William G.
Description: This report examines policy issues the Davis-Bacon Act has sparked through the years and which remain a part of the Davis-Bacon debate of the 1990s. These include such questions as: wage rate determination procedures, reporting requirements under the Copeland Act, an appropriate threshold for activation of the statute, interagency relationships with respect to Davis-Bacon enforcement and compliance activity, administrative or judicial appeals procedures, the use of "helpers" and other low-skilled workers on covered projects, and the right of a President to suspend the statute as well as the conditions under which such a suspension may occur. That the fundamental premise of the Act remains in contention after 60 years may be, itself, part of the public policy debate.
Contributing Partner: UNT Libraries Government Documents Department
Davis-Bacon: The Act and the Literature

Davis-Bacon: The Act and the Literature

Date: November 13, 2007
Creator: Whittaker, William G.
Description: The Davis-Bacon Act of 1931, as amended, requires that contractors, engaging in certain federal contract construction, pay workers on such projects not less than the locally prevailing wage for comparable work. In addition, such contractors are required to file payroll reports and to meet other administrative and labor standards requirements. Included in this report is a bibliography of published materials dealing with the Davis-Bacon Act and related issues.
Contributing Partner: UNT Libraries Government Documents Department
Overtime Pay: The Department of Labor Initiative and Congressional Response (2003-2004)

Overtime Pay: The Department of Labor Initiative and Congressional Response (2003-2004)

Date: September 30, 2004
Creator: Whittaker, William G
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Minimum Wage, Overtime Pay, and Child Labor: Amending the Fair Labor Standards Act

Minimum Wage, Overtime Pay, and Child Labor: Amending the Fair Labor Standards Act

Date: June 17, 2002
Creator: Whittaker, William G
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Minimum Wage, Overtime Pay, and Child Labor: Amending the Fair Labor Standards Act

Minimum Wage, Overtime Pay, and Child Labor: Amending the Fair Labor Standards Act

Date: December 31, 2002
Creator: Whittaker, William G
Description: None
Contributing Partner: UNT Libraries Government Documents Department
The Minimum Wage: An Overview of Issues Before the 106th Congress

The Minimum Wage: An Overview of Issues Before the 106th Congress

Date: July 19, 2000
Creator: Whittaker, William G
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Computer Services Personnel: Overtime Pay Under the Fair Labor Standards Act

Computer Services Personnel: Overtime Pay Under the Fair Labor Standards Act

Date: September 18, 2001
Creator: Whittaker, William G
Description: The Fair Labor Standards Act of 1938 (FLSA), as amended, is the primary federal statute in the area of minimum wages and overtime pay. Through administrative rulemaking, the Secretary of Labor has established two tests through which to define eligibility under the Section 13(a)(1) exemption: a duties test and an earnings test. In the 106th Congress, legislation was introduced by Representatives Andrews and Lazio that would have increased the scope of the exemption: first, by expanding the range of exempt job titles, and then, through a relative reduction in the value of the earnings threshold or test. For example, were the minimum wage increased to $6.15 per hour, as pending proposals would do, the value of the computer services exemption threshold would be 4.5 times the federal minimum wage. Ultimately, neither bill was enacted, but the issue has re-emerged as H.R. 1545 (Andrews) and H.R. 546 (Quinn).
Contributing Partner: UNT Libraries Government Documents Department
Computer Services Personnel: Overtime Pay Under the Fair Labor Standards Act

Computer Services Personnel: Overtime Pay Under the Fair Labor Standards Act

Date: January 6, 2002
Creator: Whittaker, William G
Description: The Fair Labor Standards Act of 1938 (FLSA), as amended, is the primary federal statute in the area of minimum wages and overtime pay. Through administrative rulemaking, the Secretary of Labor has established two tests through which to define eligibility under the Section 13(a)(1) exemption: a duties test and an earnings test. In the 106th Congress, legislation was introduced by Representatives Andrews and Lazio that would have increased the scope of the exemption: first, by expanding the range of exempt job titles, and then, through a relative reduction in the value of the earnings threshold or test. For example, were the minimum wage increased to $6.15 per hour, as pending proposals would do, the value of the computer services exemption threshold would be 4.5 times the federal minimum wage. Ultimately, neither bill was enacted, but the issue has re-emerged as H.R. 1545 (Andrews) and H.R. 546 (Quinn).
Contributing Partner: UNT Libraries Government Documents Department
Computer Services Personnel: Overtime Pay Under the Fair Labor Standards Act

Computer Services Personnel: Overtime Pay Under the Fair Labor Standards Act

Date: January 6, 2003
Creator: Whittaker, William G
Description: The Fair Labor Standards Act of 1938 (FLSA), as amended, is the primary federal statute in the area of minimum wages and overtime pay. Through administrative rulemaking, the Secretary of Labor has established two tests through which to define eligibility under the Section 13(a)(1) exemption: a duties test and an earnings test. In the 106th Congress, legislation was introduced by Representatives Andrews and Lazio that would have increased the scope of the exemption: first, by expanding the range of exempt job titles, and then, through a relative reduction in the value of the earnings threshold or test. For example, were the minimum wage increased to $6.15 per hour, as pending proposals would do, the value of the computer services exemption threshold would be 4.5 times the federal minimum wage. Ultimately, neither bill was enacted, but the issue has re-emerged as H.R. 1545 (Andrews) and H.R. 546 (Quinn).
Contributing Partner: UNT Libraries Government Documents Department
Minimum Wage and Related Issues Before the 106th Congress: A Status Report

Minimum Wage and Related Issues Before the 106th Congress: A Status Report

Date: January 24, 2001
Creator: Whittaker, William G
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Compensatory Time vs. Cash Wages: Amending the Fair Labor Standards Act?

Compensatory Time vs. Cash Wages: Amending the Fair Labor Standards Act?

Date: April 29, 2003
Creator: Whittaker, William G
Description: In the 108th Congress, two work hours flexibility bills have been introduced: S. 317 by Senator Gregg and H.R. 1119 by Representative Biggert. Both bills deal with a compensatory time off option (comp time) — though the Gregg proposal is somewhat broader, projecting other changes in the overtime provisions of the Fair Labor Standards Act (FLSA) as well. This report is limited to consideration of the issue of comp time.
Contributing Partner: UNT Libraries Government Documents Department
Minimum Wage, Overtime Pay, and Child Labor: Inventory of Proposals in the 109th Congress to Amend the Fair Labor Standards Act

Minimum Wage, Overtime Pay, and Child Labor: Inventory of Proposals in the 109th Congress to Amend the Fair Labor Standards Act

Date: May 4, 2005
Creator: Whittaker, William G.
Description: This report discusses potential changes to the Fair Labor Standards Act that may occur during the 109th Congress.
Contributing Partner: UNT Libraries Government Documents Department
Minimum Wage, Overtime Pay, and Child Labor: Inventory of Proposals in the 109th Congress to Amend the Fair Labor Standards Act

Minimum Wage, Overtime Pay, and Child Labor: Inventory of Proposals in the 109th Congress to Amend the Fair Labor Standards Act

Date: September 2, 2005
Creator: Whittaker, William G.
Description: This report discusses potential changes to the Fair Labor Standards Act that may occur during the 109th Congress.
Contributing Partner: UNT Libraries Government Documents Department
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