Protecting Workplace Advancement and Opportunity Act
Latest action · Mar 17, 2016 Referred to the House Committee on Education and the Workforce.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedMar 17, 2016
- Passed HouseNot reached
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
Protecting Workplace Advancement and Opportunity Act
This bill declares that the proposed or the final rule of the Department of Labor entitled "Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees" shall cease to have any force or effect. The rule revises the "white collar" exemption of executive, administrative, professional, outside sales, and computer employees from minimum wage and maximum hour, or overtime, requirements of the Fair Labor Standards Act of 1938 (FLSA).
If the proposed rule is a final rule on the date of enactment of this bill:
- Labor shall not enforce it based on conduct occurring before that enactment date,
- an employee shall not have any right of action against an employer for the employer's failure to comply with the final rule at any time before that enactment date,
- any regulations that were amended by the final rule shall be restored and revived as if the final rule had never taken effect, and
- nothing in this bill shall be construed to create a right of action for an employer against an employee for the recoupment of any payments made to the employee before the enactment of this bill that were in compliance with that final rule.
Labor may promulgate any substantially similar rule only if it has completed certain required actions; but the rule shall not contain any automatic updates to the salary threshold for purposes of exemptions to minimum wage and maximum hour requirements under the FLSA.
The requirement that definitions applicable for such exemptions be defined and delimited from time to time by Labor regulations shall be construed to:
- require Labor to issue a new rule through notice and comment rulemaking for each change in any salary threshold it has proposed; and
- exclude any rule that would result in changes to any salary threshold for multiple time periods, including through any automatic updating procedure.
Labor may not promulgate any final rule that includes any revision to duties tests for exemption from minimum wage and maximum hours requirements unless specific regulatory text for the provision was proposed in the proposed rule.
Cosponsors 202
Members who signed on, in the order they did. Signatures ran from Mar 17, 2016 to Nov 14, 2016; 1 is an original cosponsor, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| R-MN | John Kline | Original | Mar 17, 2016 |
| R-TN | David P. Roe | Mar 22, 2016 | |
| R-PA | Glenn Thompson | Mar 22, 2016 | |
| R-AR | J. French Hill | Mar 22, 2016 | |
| R-IN | Luke Messer | Mar 22, 2016 | |
| R-FL | Bill Posey | Apr 12, 2016 | |
| R-AL | Bradley Byrne | Apr 12, 2016 | |
| R-NV | Cresent Hardy | Apr 12, 2016 | |
| R-FL | Dennis A. Ross | Apr 12, 2016 | |
| R-AR | Eric A. "Rick" Crawford | Apr 12, 2016 | |
| R-WI | Glenn Grothman | Apr 12, 2016 | |
| R-IN | Jackie Walorski | Apr 12, 2016 | |
| R-SC | Jeff Duncan | Apr 12, 2016 | |
| R-GA | Jody B. Hice | Apr 12, 2016 | |
| R-IN | Larry Bucshon | Apr 12, 2016 | |
| R-TX | Louie Gohmert | Apr 12, 2016 | |
| R-KS | Lynn Jenkins | Apr 12, 2016 | |
| R-MI | Mike Bishop | Apr 12, 2016 | |
| R-CO | Mike Coffman | Apr 12, 2016 | |
| R-KS | Mike Pompeo | Apr 12, 2016 | |
| R-AL | Mo Brooks | Apr 12, 2016 | |
| R-GA | Rick W. Allen | Apr 12, 2016 | |
| R-MT | Ryan K. Zinke | Apr 12, 2016 | |
| R-WI | Sean P. Duffy | Apr 12, 2016 | |
| R-CA | Stephen Knight | Apr 12, 2016 | |
| R-AR | Steve Womack | Apr 12, 2016 | |
| R-KS | Tim Huelskamp | Apr 12, 2016 | |
| R-GA | Tom Price | Apr 12, 2016 | |
| R-NC | Virginia Foxx | Apr 12, 2016 | |
| R-NY | Chris Collins | Apr 14, 2016 | |
| R-MI | Fred Upton | Apr 14, 2016 | |
| R-LA | Garret Graves | Apr 14, 2016 | |
| R-OH | James B. Renacci | Apr 14, 2016 | |
| R-MO | Jason Smith | Apr 14, 2016 | |
| R-TX | Jeb Hensarling | Apr 14, 2016 | |
| R-FL | Jeff Miller | Apr 14, 2016 | |
| R-SC | Joe Wilson | Apr 14, 2016 | |
| R-TX | John Abney Culberson | Apr 14, 2016 | |
| R-MI | John R. Moolenaar | Apr 14, 2016 | |
| R-TX | Kenny Marchant | Apr 14, 2016 | |
| R-ND | Kevin Cramer | Apr 14, 2016 | |
| R-NC | Mark Walker | Apr 14, 2016 | |
| R-AL | Martha Roby | Apr 14, 2016 | |
| R-AZ | Matt Salmon | Apr 14, 2016 | |
| R-TX | Pete Sessions | Apr 14, 2016 | |
| R-IL | Randy Hultgren | Apr 14, 2016 | |
| R-UT | Rob Bishop | Apr 14, 2016 | |
| R-PA | Scott Perry | Apr 14, 2016 | |
| R-OK | Steve Russell | Apr 14, 2016 | |
| R-OH | Steve Stivers | Apr 14, 2016 | |
| R-IN | Todd Rokita | Apr 14, 2016 | |
| R-GA | Tom Graves | Apr 14, 2016 | |
| R-MO | Vicky Hartzler | Apr 14, 2016 | |
| R-KY | Andy Barr | Apr 15, 2016 | |
| R-GA | Barry Loudermilk | Apr 15, 2016 | |
| R-MO | Blaine Luetkemeyer | Apr 15, 2016 | |
| R-TN | Charles J. "Chuck" Fleischmann | Apr 15, 2016 | |
| R-UT | Chris Stewart | Apr 15, 2016 | |
| R-VA | Dave Brat | Apr 15, 2016 | |
| R-FL | David W. Jolly | Apr 15, 2016 | |
| R-KY | Ed Whitfield | Apr 15, 2016 | |
| R-NV | Joseph J. Heck | Apr 15, 2016 | |
| R-TN | Marsha Blackburn | Apr 15, 2016 | |
| R-AZ | Paul A. Gosar | Apr 15, 2016 | |
| R-MO | Ann Wagner | Apr 18, 2016 | |
| R-MI | Bill Huizenga | Apr 18, 2016 | |
| R-MO | Billy Long | Apr 18, 2016 | |
| R-VA | Bob Goodlatte | Apr 18, 2016 | |
| R-PA | Charles W. Dent | Apr 18, 2016 | |
| R-MI | Dan Benishek | Apr 18, 2016 | |
| R-IL | Darin LaHood | Apr 18, 2016 | |
| R-MI | David A. Trott | Apr 18, 2016 | |
| R-NC | David Rouzer | Apr 18, 2016 | |
| R-FL | Gus M. Bilirakis | Apr 18, 2016 | |
| R-CO | Ken Buck | Apr 18, 2016 | |
| R-SC | Mick Mulvaney | Apr 18, 2016 | |
| R-PA | Mike Kelly | Apr 18, 2016 | |
| R-CA | Mimi Walters | Apr 18, 2016 | |
| R-OH | Patrick J. Tiberi | Apr 18, 2016 | |
| R-OH | Robert E. Latta | Apr 18, 2016 | |
| R-TX | Blake Farenthold | Apr 19, 2016 | |
| R-MI | Candice S. Miller | Apr 19, 2016 | |
| R-CA | Dana Rohrabacher | Apr 19, 2016 | |
| R-OK | Markwayne Mullin | Apr 19, 2016 | |
| R-NC | Richard Hudson | Apr 19, 2016 | |
| R-TN | Scott DesJarlais | Apr 19, 2016 | |
| R-IN | Susan W. Brooks | Apr 19, 2016 | |
| R-FL | Daniel Webster | Apr 20, 2016 | |
| R-IA | David Young | Apr 20, 2016 | |
| R-GA | Earl L. "Buddy" Carter | Apr 20, 2016 | |
| R-KY | Harold Rogers | Apr 20, 2016 | |
| R-CA | Ken Calvert | Apr 20, 2016 | |
| R-KS | Kevin Yoder | Apr 20, 2016 | |
| R-ID | Raul R. Labrador | Apr 20, 2016 | |
| R-NC | Renee L. Ellmers | Apr 20, 2016 | |
| R-TX | Sam Johnson | Apr 20, 2016 | |
| R-CO | Scott R. Tipton | Apr 20, 2016 | |
| R-TX | Ted Poe | Apr 20, 2016 | |
| R-KY | Thomas Massie | Apr 20, 2016 | |
| R-OH | Bob Gibbs | Apr 21, 2016 | |
| R-AR | Bruce Westerman | Apr 21, 2016 | |
| R-LA | Charles W. Boustany, Jr. | Apr 21, 2016 | |
| R-IA | Steve King | Apr 21, 2016 | |
| R-MS | Steven M. Palazzo | Apr 21, 2016 | |
| R-IN | Todd Young | Apr 21, 2016 | |
| R-NE | Adrian Smith | Apr 26, 2016 | |
| R-VA | Barbara Comstock | Apr 26, 2016 | |
| R-OH | Brad R. Wenstrup | Apr 26, 2016 | |
| R-CA | Duncan Hunter | Apr 26, 2016 | |
| R-VA | J. Randy Forbes | Apr 26, 2016 | |
| R-LA | John Fleming | Apr 26, 2016 | |
| R-PA | Lou Barletta | Apr 26, 2016 | |
| R-SC | Mark Sanford | Apr 26, 2016 | |
| R-TX | Randy K. Weber, Sr. | Apr 26, 2016 | |
| R-GA | Lynn A. Westmoreland | Apr 27, 2016 | |
| R-TX | Pete Olson | Apr 27, 2016 | |
| R-OH | Steve Chabot | Apr 27, 2016 | |
| R-GA | Doug Collins | Apr 28, 2016 | |
| R-NY | Elise M. Stefanik | Apr 28, 2016 | |
| R-WV | Evan H. Jenkins | Apr 28, 2016 | |
| R-TX | Lamar Smith | Apr 28, 2016 | |
| R-AZ | Martha McSally | Apr 28, 2016 | |
| R-ID | Michael K. Simpson | Apr 28, 2016 | |
| R-VA | Robert J. Wittman | Apr 28, 2016 | |
| R-NM | Stevan Pearce | Apr 28, 2016 | |
| R-AZ | Trent Franks | Apr 28, 2016 | |
| R-MD | Andy Harris | Apr 29, 2016 | |
| R-OK | Frank D. Lucas | Apr 29, 2016 | |
| R-NE | Jeff Fortenberry | Apr 29, 2016 | |
| R-GA | Austin Scott | May 10, 2016 | |
| R-PA | Bill Shuster | May 10, 2016 | |
| R-WY | Cynthia M. Lummis | May 10, 2016 | |
| R-UT | Jason Chaffetz | May 10, 2016 | |
| R-UT | Mia B. Love | May 10, 2016 | |
| R-LA | Ralph Lee Abraham | May 10, 2016 | |
| R-IL | Adam Kinzinger | May 11, 2016 | |
| R-NH | Frank C. Guinta | May 11, 2016 | |
| R-AL | Gary J. Palmer | May 11, 2016 | |
| R-MS | Gregg Harper | May 11, 2016 | |
| R-MO | Sam Graves | May 11, 2016 | |
| R-TX | Bill Flores | May 12, 2016 | |
| R-CA | Edward R. Royce | May 12, 2016 | |
| R-OH | Jim Jordan | May 12, 2016 | |
| R-PA | Michael G. Fitzpatrick | May 12, 2016 | |
| R-NC | Walter B. Jones | May 12, 2016 | |
| R-WA | Jaime Herrera Beutler | May 13, 2016 | |
| R-IL | Robert J. Dold | May 13, 2016 | |
| R-IL | Rodney Davis | May 13, 2016 | |
| R-NY | Tom Reed | May 13, 2016 | |
| R-IL | Peter J. Roskam | May 16, 2016 | |
| R-PA | Ryan A. Costello | May 16, 2016 | |
| R-TN | Diane Black | May 17, 2016 | |
| R-NJ | Thomas MacArthur | May 17, 2016 | |
| R-OK | Tom Cole | May 17, 2016 | |
| R-MN | Tom Emmer | May 17, 2016 | |
| R-IL | John Shimkus | May 18, 2016 | |
| R-FL | Richard B. Nugent | May 18, 2016 | |
| R-PA | Tom Marino | May 18, 2016 | |
| R-SC | Trey Gowdy | May 18, 2016 | |
| R-OH | Bill Johnson | May 19, 2016 | |
| R-TX | Kevin Brady | May 19, 2016 | |
| R-NJ | Rodney P. Frelinghuysen | May 19, 2016 | |
| R-TX | Roger Williams | May 19, 2016 | |
| R-NC | George Holding | May 23, 2016 | |
| R-TX | Mac Thornberry | May 23, 2016 | |
| R-TX | Michael T. McCaul | May 23, 2016 | |
| R-AL | Robert B. Aderholt | May 23, 2016 | |
| R-ME | Bruce Poliquin | May 25, 2016 | |
| R-VA | E. Scott Rigell | May 25, 2016 | |
| R-TX | Randy Neugebauer | May 25, 2016 | |
| R-FL | Vern Buchanan | May 25, 2016 | |
| R-AZ | David Schweikert | May 26, 2016 | |
| R-OK | Jim Bridenstine | May 26, 2016 | |
| R-CA | Tom McClintock | May 26, 2016 | |
| R-TX | John R. Carter | Jun 8, 2016 | |
| R-MS | Trent Kelly | Jun 8, 2016 | |
| R-SD | Kristi L. Noem | Jun 9, 2016 | |
| R-KY | Brett Guthrie | Jun 10, 2016 | |
| R-TN | Stephen Lee Fincher | Jun 13, 2016 | |
| R-TX | Joe Barton | Jun 14, 2016 | |
| R-NC | Robert Pittenger | Jun 14, 2016 | |
| R-CA | David G. Valadao | Jun 22, 2016 | |
| R-TX | Kay Granger | Jun 22, 2016 | |
| R-NV | Mark E. Amodei | Jun 22, 2016 | |
| R-SC | Tom Rice | Jun 22, 2016 | |
| R-NJ | Frank A. LoBiondo | Jul 5, 2016 | |
| R-FL | John L. Mica | Jul 5, 2016 | |
| R-NJ | Leonard Lance | Jul 5, 2016 | |
| R-TN | John J. Duncan, Jr. | Jul 11, 2016 | |
| R-TX | Brian Babin | Jul 14, 2016 | |
| R-CA | Doug LaMalfa | Sep 6, 2016 | |
| R-LA | Steve Scalise | Sep 7, 2016 | |
| R-WA | Dan Newhouse | Sep 8, 2016 | |
| R-FL | Ron DeSantis | Sep 9, 2016 | |
| R-TX | K. Michael Conaway | Sep 12, 2016 | |
| R-WV | David B. McKinley | Sep 14, 2016 | |
| R-TX | John Ratcliffe | Sep 20, 2016 | |
| R-NC | Mark Meadows | Sep 20, 2016 | |
| R-FL | Carlos Curbelo | Sep 22, 2016 | |
| R-WI | Reid J. Ribble | Sep 22, 2016 | |
| R-AL | Mike Rogers | Sep 28, 2016 | |
| R-OH | Warren Davidson | Nov 14, 2016 |
Committees 1
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Education and Workforce Committee | Referred Mar 17, 2016 |
Actions 2
Everything that happened, newest first.
- Mar 17, 2016Introduced in House
- Mar 17, 2016Referred to the House Committee on Education and the Workforce.
In the Congressional Record 2
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| House | Debate and remarks H5725 | Larry Bucshon R-IN | Sep 21, 2016 |
| House | Debate and remarks H2002 | Scott Perry R-PA | Apr 27, 2016 |
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Constitutional authority
The sponsor’s statement, as printed in the Congressional Record, vol. 162, no. 43, March 17, 2016, page H1462.
CRS reports 2
Congressional Research Service work that CRS links to this bill or the law it became, newest first.
Cite it 2
Products on other subjects that cite it, usually among other measures.
| Product | Title | Kind | Published |
|---|---|---|---|
| R45722 | Overtime Exemptions in the Fair Labor Standards Act for White-Collar Employees: Frequently Asked Questions Archived | Report | Oct 11, 2019 |
| R44138 | Overtime Provisions in the Fair Labor Standards Act (FLSA): Frequently Asked Questions Archived | Report | Jun 2, 2016 |
Related bills 1
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| S 2707 | Protecting Workplace Advancement and Opportunity Act | Identical bill | May 11, 2016 |
Titles 2
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- To require the Secretary of Labor to nullify the proposed rule regarding defining and delimiting the exemptions for executive, administrative, professional, outside sales, and computer employees, to require the Secretary of Labor to conduct a full and complete economic analysis with improved economic data on small businesses, nonprofit employers, Medicare or Medicaid dependent health care providers, and small governmental jurisdictions, and all other employers, and minimize the impact on such employers, before promulgating any substantially similar rule, and to provide a rule of construction regarding the salary threshold exemption under the Fair Labor Standards Act of 1938, and for other purposes.
- Short Titles as Introduced
- Protecting Workplace Advancement and Opportunity Act
Subjects
Assigned by the Library of Congress. Policy area: Labor and Employment.
Text 1
Each version as it was printed, newest first.
- Mar 17, 2016Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.