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The Fair Labor Standards Act: Continuing Issues in the Debate

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.
Date: May 28, 2008
Creator: Whittaker, William G.
Partner: UNT Libraries Government Documents Department

The Adverse Effect Wage Rate (AEWR)

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.
Date: April 5, 2004
Creator: Whittaker, William G.
Partner: UNT Libraries Government Documents Department

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

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a continuing source of contention, particularly regarding its impacts, whether it should be modified, strengthened, or repealed, and if it is being administered effectively.
Date: March 19, 2004
Creator: Whittaker, William G.
Partner: UNT Libraries Government Documents Department

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

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.
Date: March 26, 2008
Creator: Whittaker, William G.
Partner: UNT Libraries Government Documents Department

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

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.
Date: April 29, 2003
Creator: Whittaker, William G.
Partner: UNT Libraries Government Documents Department

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

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).
Date: February 7, 2005
Creator: Whittaker, William G.
Partner: UNT Libraries Government Documents Department

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

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).
Date: September 18, 2001
Creator: Whittaker, William G.
Partner: UNT Libraries Government Documents Department

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

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).
Date: January 6, 2002
Creator: Whittaker, William G.
Partner: UNT Libraries Government Documents Department

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

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).
Date: January 6, 2003
Creator: Whittaker, William G.
Partner: UNT Libraries Government Documents Department

The Davis-Bacon Act: Suspension

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.
Date: September 26, 2005
Creator: Whittaker, William G.
Partner: UNT Libraries Government Documents Department

Farm Labor: The Adverse Effect Wage Rate (AEWR)

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.
Date: April 14, 2005
Creator: Whittaker, William G.
Partner: UNT Libraries Government Documents Department

Davis-Bacon Suspension and Its Legislative Aftermath

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.
Date: October 3, 2005
Creator: Whittaker, William G.
Partner: UNT Libraries Government Documents Department

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

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.
Date: April 16, 1998
Creator: Whittaker, William G.
Partner: UNT Libraries Government Documents Department