SHRM testified before the House Subcommittee on Workforce Protections on March 25 to call for modernization of the Fair Labor Standards Act of 1938 (FLSA).
To reach the U.S. workforce’s full potential, SHRM believes in turning three essential keys — modernizing the FLSA, closing the workforce participation gap, and shaping the future of work — all of which will open doors that lead to innovation, economic growth, and a more dynamic, competitive workforce, testified Paige Boughan, M.S., SHRM-SCP, a senior vice president and director of human resources. She testified in her capacity as legislative director for the Maryland SHRM State Council.
Clarity, consistency, and compliance are needed, Boughan noted in her oral testimony, including clarity of the definition of who is an employee versus an independent contractor and who is qualified for overtime.
“The world has undergone significant changes since the FLSA was first passed and since Congress last made significant changes to the law,” she said. “It has not been amended to account for significant differences in the way workers work or the kinds of work they perform.”
The U.S. Department of Labor’s frequent proposing and publishing of new regulatory interpretations, followed by lawsuits challenging their legality, creates uncertainty for workers, organizations, and HR professionals, Boughan said in her written testimony. “Businesses of all sizes need certainty, and the best way to achieve that certainty is through...
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