Regulations implementing the Fair Labor Standards Act (FLSA) in the legislative branch were originally approved by Congress in 1996. Most of those regulations remain in effect for the legislative branch. In 2004 and 2005, the Board of Directors of the OCWR proposed modified regulations, published a Notice of Proposed Rulemaking, reviewed comments submitted by interested parties, and published a Notice of Adoption of Substantive Regulations and Submission for Congressional Approval in the Congressional Record.
In 2022, the Board of Directors of OCWR proposed changes to Part 541 of the regulations, pertaining to overtime exemptions, published a Notice of Proposed Rulemaking, reviewed comments submitted by interested parties, and published a Notice of Adoption of Substantive Regulations and Submission for Congressional Approval in the Congressional Record. These updated regulations supersede regulations adopted by the Board of Directors in 2005 but not approved by Congress.
On December 14, 2022, the House of Representatives adopted House Resolution 1516, thereby approving the changes to Part 541 of the regulations for all employees and employing offices of the House. The OCWR Board thereafter issued its regulations on March 1, 2023, which apply to covered employees and employing offices within the House. These regulations became effective for House employees and employing offices on April 30, 2023. Until Congress approves the updated regulations and the Board issues them through publication in the Congressional Record, the overtime exemption regulations from 1996 will remain in effect for the Senate and other covered employing offices.
Notice of Issuance of Final Substantive Regulations as published in the Congressional Record on March 1, 2023:
House Edition | Senate Edition