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HR-2299House2026-03-03Labor and Employment

Ensuring Workers Get PAID Act of 2025

YourVoice.Now Summary

Your MoneyWorkers & JobsCivil LibertiesCorporate BenefitsTransparency & Accountability

Workers shorted on pay could get it back through Labor — but taking the money ends their right to sue.

Your Money

Full back pay required — the waiver takes effect only after payment

The waiver only kicks in once the worker has been paid every dollar the audit says is owed. The employer must send Labor proof that it paid.

Back pay decisions have a deadline — Labor must answer within 30 days

Labor would have 30 days to approve or deny an employer's application. If the employer changes the application, the 30 days start over from the new filing.

Double back pay — off the table for settled claims

Wage law lets a court award unpaid wages twice over. A worker who accepts a settlement gives up that extra amount for the violations it covers.

Workers & Jobs

Retaliation protection — covers workers who accept or refuse a settlement

Wage law already bars punishing workers who complain. The bill adds the same protection for taking or turning down a settlement offer.

Employers must fix the pay practice — before they can apply

An employer has to correct the practice that caused the underpayment and say so in writing. Back pay is then settled separately, worker by worker.

Labor checks the employer's math — before any settlement is approved

Labor would have to verify that the self-audit and the back pay figures are accurate. It cannot approve an application until they check out.

Civil Liberties

Right to sue over unpaid wages — given up by accepting payment

Accepting the settlement ends a worker's private lawsuit rights for the violations it names. Turning the offer down keeps those rights intact.

Workers' access to audit records — blocked in court without employer consent

Anything an employer files with the program stays out of state and federal court unless the employer agrees. A worker who sues instead could not use those records.

Corporate Benefits

No charge to join the program — Labor cannot require any payment

Labor could not charge a fee at any stage of the program. The employer's cost is the back wages it already owes its workers.

Rejected applications stay private — Labor cannot use what employers reported

If Labor turns an application down, it cannot use the employer's own report against it or treat the filing as a reason to investigate later. Child labor and farm worker safety risks are the exception.

Employer sets the scope — Labor cannot look beyond reported violations

The employer decides which violations go into the application. Labor cannot widen the review to other pay problems it might spot.

Employers with a recent violation — locked out for five years

An employer that Labor or a court found broke minimum wage or overtime rules in the past five years could not use the program.

Employers under investigation or sued — cannot join the program

The program is closed to an employer already under investigation over the pay practice or facing a lawsuit about it. An employer that has heard from a worker or their lawyer about settling or suing also cannot apply.

Transparency & Accountability

Settlement forms must explain the waiver — and the right to refuse

Every affected worker gets a written form describing the settlement terms. It must spell out what accepting gives up and that they can say no and still sue.

Labor telling workers they can sue — barred after a denial

If Labor turns an application down, it cannot reach out to the workers named in it to tell them they may sue over that pay practice.

More about this bill

Workers owed back pay could get that money without going to court. Their employer would audit its own payroll and report the shortfall to the Labor Department. Labor would check the math and supervise a settlement. Each affected worker would then get a form with two choices. Accepting means full payment of the unpaid minimum wage or overtime owed. It also means giving up the right to sue over those violations. That includes the double back pay wage law otherwise allows. Declining keeps that right, and no worker could be punished for either choice. Employers would gain several protections for coming forward. Labor could not charge them anything to take part. If Labor turned an application down, it could not use what the employer reported against it. It also could not treat the application itself as a reason to investigate later. Child labor and farm worker safety risks are carved out of that shield. Labor also could not tell the affected workers they may sue after turning an application down. Records filed with the program would be kept out of court unless the employer agrees. And Labor could not look beyond the violations the employer chose to report. Not every employer could apply. An employer found to have broken wage or overtime rules in the past five years would be shut out. So would one already under investigation or facing a lawsuit. The employer would also have to fix the pay practice first. Labor would have 30 days to approve or deny. Workers paid under Davis-Bacon, the Service Contract Act, or the H-2A, H-2B, and H-1B visa rules are left out of the program. Labor ran this program as a pilot in 2018 and 2019, and it would now be written into law.

Congressional Summary

Ensuring Workers Get PAID Act of 2025 This bill provides statutory authority for the Payroll Audit Independent Determination program, which is administered by the Department of Labor and allows employers to self-report federal minimum wage and overtime compensation violations as an alternative to litigation. Employers may apply to the program by submitting certain information from a self-audit that includes calculations of any unpaid minimum or overtime wages. Labor must verify the calculations and, if the application is approved, supervise a settlement with affected employees that provides payment of any unpaid wages. Employees who accept a settlement under the program waive their private right of action to recover the unpaid wages provided under the settlement.

Legislative Subjects

Accounting and auditingAdministrative remediesDepartment of LaborEmployment discrimination and employee rightsLabor standardsLabor-management relationsPersonnel recordsWages and earnings

Details

Congress
119th
Chamber
House
Status
summarized
Action
Reported to House
Action Date
2026-03-03
Date Added
2026-08-05
Source
Congress.gov →

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