H.R. 9458

Wage Theft Prevention and Wage Recovery Act

Sponsor: Rosa L. DeLauro

28 cosponsors
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I Amendments to the Fair Labor Standards Act of 1938

Sec. 104. Recordkeeping

(a) In general. Section 11(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(c)) is amended by adding at the end the following: “In the event that an employee requests an inspection of the records described in this subsection that pertain to such employee from the employer, orally or in writing, the employer shall provide the employee with a copy of the records for a period of up to 5 years prior to such request being made. Not later than 21 days after an employee requests such an inspection, the employer shall comply with the request.

(b) Rebuttable presumption. Section 15 of the Fair Labor Standards Act of 1938 (29 U.S.C. 215) is amended by adding at the end the following:

Text this section adds to the law

(c) In the event that an employer violates section 11(c) and any regulations issued pursuant to such section, resulting in a lack of a complete record of an employee’s hours worked or wages owed, the employee’s production of credible evidence and testimony regarding the amount or extent of the work for which the employee was not compensated in compliance with the requirements under this Act shall be sufficient to create a rebuttable presumption that the employee’s records are accurate. Such presumption shall be rebutted only if the employer produces evidence of the precise amount or extent of work performed or evidence to show that the inference drawn from the employee’s evidence is not reasonable.

II Amendments to the Portal-to-Portal Act of 1947

III Wage theft prevention and wage recovery grant program

IV Regulations and effective date