Faster Recovery of Unpaid Wages: Voluntary Employer Audit Program.
This law establishes a permanent program allowing employers to voluntarily and quickly fix unintentional errors in minimum wage or overtime payments. For citizens, this means a faster way to recover back wages directly from their employer, but accepting the settlement requires waiving the right to sue the company later for those specific violations. The program aims to expedite the payment of back wages compared to traditional enforcement methods.
Key points
Employees who were unintentionally underpaid minimum wage or overtime can recover their money faster through voluntary employer self-audits supervised by the Department of Labor.
Accepting the settlement ensures full payment of back wages but requires waiving the right to file a private lawsuit (including for liquidated damages) regarding those specific violations.
The law explicitly protects employees from retaliation for accepting or declining a settlement offer under this new program.
Information submitted by an employer in a program application (e.g., audit results) is protected and generally cannot be used against them in an investigation if the application is denied.
Expired
Additional Information
Print number: 118_S_122
Sponsor: Sen. Braun, Mike [R-IN]
Process start date: 2023-01-26