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Employee Rights, Fair Labor Standards

 

Section 203 of the Congressional Accountability Act (CAA) applies certain rights and protections of the Fair Labor Standards Act of 1938 (FLSA) to covered employees. These rights and protections require payment of the minimum wage and overtime compensation to nonexempt employees, restrict child labor, and prohibit sex discrimination in wages paid to men and women.

Except for employees with a specific exemption or exclusion, all covered employees are entitled to the minimum wage and to overtime compensation when working over forty hours in a workweek. Covered employees in a bona fide executive, administrative, or professional capacity who meet defined criteria are exempt from the basic wage and hour standards. There are many employment practices, such as vacation or sick leave, that the FLSA does not regulate.

In some instances, compensatory time off, instead of overtime pay, may be provided for employees whose work schedules directly depend on the schedule of the House of Representatives and the Senate. Certain law enforcement positions are also covered by these regulations. The Board of Directors of the Office of Compliance has identified three additional methods of payment and compensation that may be used for employees who work irregular or fluctuating hours.

The CAA provides that interns, as defined in regulations of the Board, are not covered by the Fair Labor Standards provisions of the CAA. The definition of intern does not include volunteers, fellows, or pages.

The House, Senate, and Instrumentalities of Congress have all adopted slightly different regulations regarding the implementation of the FLSA.

 

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