What does Preamble of S 2267 do?

This bill aims to establish the Payroll Audit Independent Determination program within the Department of Labor.

What does SHORT TITLE. of S 2267 do?

This bill is formally titled the Ensuring Workers Get PAID Act of 2025.

What does FINDINGS. of S 2267 do?

This section outlines findings related to the Payroll Audit Independent Determination (PAID) pilot program. The PAID pilot program was launched by the Department of Labor in 2018 to complement enforcement and compliance assistance efforts. The program allowed employers to voluntarily remedy unintentional violations of the Fair Labor Standards Act (FLSA). Between April 1, 2018, and September 15, 2019, the PAID pilot program concluded 74 cases, resulting in $4,131,238 in back wages paid to 7,429 employees. Self-audits through the PAID pilot program generally resulted in higher back wages paid per case, per enforcement hour, and to more employees, compared to traditional compliance actions. The PAID pilot program reached employers that the Wage and Hour Division would not typically prioritize for enforcement, including government establishments and higher wage occupations.

What does DEFINITIONS. of S 2267 do?

This section defines terms used throughout the Act. An 'affected employee' is an employee impacted by a violation of minimum wage or overtime laws under the Fair Labor Standards Act, excluding those covered by specific prevailing wage programs. The 'Administrator' refers to the Administrator of the Wage and Hour Division of the Department of Labor. The term 'employee' includes current and former employees, as defined by the Fair Labor Standards Act. An 'employer' is defined by section 3 of the Fair Labor Standards Act. For employers seeking participation in the Payroll Audit Independent Determination program, 'good faith' means not being under investigation or subject to a lawsuit related to wage or overtime violations. The 'Secretary' refers to the Secretary of Labor. A 'self-audit' is an employer-conducted audit to correct wage and overtime calculation errors within the statute of limitations of the Portal-to-Portal Act.

What does PAYROLL AUDIT INDEPENDENT DETERMINATION PROGRAM. of S 2267 do?

This section establishes a Payroll Audit Independent Determination program to encourage employers to voluntarily correct inadvertent violations of the Fair Labor Standards Act of 1938. Employers seeking to participate must submit an application including a self-audit, employee information, calculations of unpaid wages, and assurances of compliance. The Administrator will review applications, potentially request additional information, and may approve applications within a specified timeframe. Upon approval, the Administrator will supervise settlements, including payment of unpaid wages, and affected employees will waive their right to a private right of action under certain conditions. The Administrator is restricted from using application information in future investigations except in specific circumstances related to employee health and safety or certain visa programs. Employers cannot be required to pay fees to apply or participate in the program, and application information is generally exempt from discovery.

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Ensuring Workers Get PAID Act of 2025 — S. 2267

Last updated: 7/14/2025 · Introduced: 7/14/2025

Author: Tim Sheehy (R-MT)

TL;DR (AI)

This bill establishes a Payroll Audit Independent Determination (PAID) program within the Department of Labor to encourage employers to voluntarily correct unintentional violations of the Fair Labor Standards Act.
Employers participating in the PAID program must submit a self-audit and related information, and upon approval, will settle violations by paying unpaid wages while affected employees waive their right to private lawsuits.
The program prohibits the use of application information in future investigations, except in limited circumstances related to employee health and safety or visa programs, and participation is free of charge.

119th Congressin committeeHR. 2299(In Committee)Official page

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Other Sections

Includes provisions on preamble, short title., and 3 more.

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