I 
119TH CONGRESS 
1ST SESSION H. R. 2299 
To establish the Payroll Audit Independent Determination program in the 
Department of Labor. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 24, 2025 
Mr. GROTHMAN introduced the following bill; which was referred to the 
Committee on Education and Workforce 
A BILL 
To establish the Payroll Audit Independent Determination 
program in the Department of Labor. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Ensuring Workers Get 
PAID Act of 2025’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) In 2018, the Department of Labor launched 
the nationwide Payroll Audit Independent Deter-
VerDate Sep 11 2014 
01:21 Mar 29, 2025
Jkt 059200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2299.IH
H2299
kjohnson on DSK7ZCZBW3PROD with $$_JOB
mination pilot program (referred to in this section as 
‘‘PAID pilot program’’). 
(2) The Secretary of Labor, acting through the 
Administrator of the Wage and Hour Division, es-
tablished the PAID pilot program to complement en-
forcement and compliance assistance tools under-
taken by the Wage and Hour Division of the De-
partment of Labor. 
(3) The Secretary has a longstanding practice 
of providing self-audit and office audit programs, as 
noted by Secretary Marty Walsh in a response for 
the record following a hearing before the Committee 
on Education and Labor of the House of Represent-
atives on June 9, 2021. 
(4) The Wage and Hour Division, through the 
PAID pilot program, worked with employers on a 
voluntary basis to remedy unintentional violations of 
the Fair Labor Standards Act of 1938 (29 U.S.C. 
201 et seq.), which is the Federal statute estab-
lishing minimum wage, overtime pay, recordkeeping, 
and youth-employment requirements affecting em-
ployees in the private sector and in Federal, State, 
and local governments. 
(5) The PAID pilot program yielded positive re-
sults for employers and employees. Between April 1, 
VerDate Sep 11 2014 
01:21 Mar 29, 2025
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2299.IH
H2299
kjohnson on DSK7ZCZBW3PROD with $$_JOB
2018, and September 15, 2019, the Wage and Hour 
Division concluded 74 PAID pilot program cases, 
representing less than one percent of all compliance 
actions under the Fair Labor Standards Act of 
1938, with a total of $4,131,238 in back wages paid 
to 7,429 employees through such PAID pilot pro-
gram cases. 
(6) Self-audits through the PAID pilot program 
by employers returned more back wages to employ-
ees in less time than compliance actions overall. In 
fact, during the period described in paragraph (5)— 
(A) the average back wages paid per case 
for PAID pilot program cases ($55,828) were 
more than 4 times the average back wages paid 
per compliance action ($11,355); 
(B) the average back wages paid per en-
forcement hour for PAID pilot program cases 
($2,864) was more than 10 times greater than 
the average back wages paid per enforcement 
hour for compliance actions ($279); 
(C) on average, nearly 10 times more em-
ployees received back wages in each PAID pilot 
program case than in investigations conducted 
using traditional methods; 
VerDate Sep 11 2014 
01:21 Mar 29, 2025
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2299.IH
H2299
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(D) self-audits through the PAID pilot 
program averaged 19 hours per case as com-
pared to 41 hours per case for the Secretary 
conducted using traditional methods; and 
(E) self-audits through the PAID pilot 
program reached employers that the Wage and 
Hour Division would not typically prioritize for 
enforcement, including government establish-
ments and industry sectors with higher-wage 
occupations. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) AFFECTED
EMPLOYEE.—The term ‘‘af-
fected employee’’ means an employee affected by a 
violation of a minimum wage or overtime hours re-
quirement of the Fair Labor Standards Act of 1938 
(29 U.S.C. 201 et seq.), excluding any employee 
subject to prevailing wage requirements under the 
H–1B, H–2B, or H–2A visa programs, subchapter 
IV of chapter 31 of title 40, United States Code 
(commonly referred to as the ‘‘Davis-Bacon Act’’), 
or chapter 67 of title 41, United States Code (com-
monly known as the ‘‘Service Contract Act’’). 
VerDate Sep 11 2014 
01:21 Mar 29, 2025
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2299.IH
H2299
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(2) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Wage and 
Hour Division of the Department of Labor. 
(3) EMPLOYEE.—The term ‘‘employee’’— 
(A) has the meaning given such term in 
section 3 of the Fair Labor Standards Act of 
1938 (29 U.S.C. 203); and 
(B) with respect to an employer, includes 
a former employee of such employer. 
(4) EMPLOYER.—The term ‘‘employer’’ has the 
meaning given such term in section 3 of such Act. 
(5) GOOD
FAITH.—The term ‘‘good faith’’ 
means, with respect to an employer applying for par-
ticipation in the Payroll Audit Independent Deter-
mination program established under section 4, that 
such employer is not, at the time such employer sub-
mits an application for such program— 
(A) under investigation by the Secretary 
for an alleged violation of a minimum wage or 
overtime hours requirement of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 201 et seq.); 
or 
(B) subject to a lawsuit related to an al-
leged violation of such a requirement. 
VerDate Sep 11 2014 
01:21 Mar 29, 2025
Jkt 059200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2299.IH
H2299
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Labor. 
(7) SELF-AUDIT.—The term ‘‘self-audit’’ means 
an audit conducted by an employer to resolve inac-
curacies by the employer in the computation of 
wages and overtime compensation required under 
the Fair Labor Standards Act of 1938 within the 
statute of limitations described in section 6(a) of the 
Portal-to-Portal Act of 1947 (29 U.S.C. 255(a)). 
SEC. 4. PAYROLL AUDIT INDEPENDENT DETERMINATION 
PROGRAM. 
(a) PROGRAM ESTABLISHMENT.—The Administrator 
shall establish a Payroll Audit Independent Determination 
program (referred to in this section as the ‘‘program’’) 
to foster collaboration with employers that inadvertently 
violate the Fair Labor Standards Act of 1938 (29 U.S.C. 
201 et seq.) to voluntarily remedy, within the statute of 
limitations described in section 6(a) of the Portal-to-Por-
tal Act of 1947 (29 U.S.C. 255(a)), unpaid minimum 
wages or overtime compensation owed to any affected em-
ployee under the Fair Labor Standards Act of 1938. 
(b) APPLICATION REQUIREMENTS.— 
(1) RESOURCES
FOR
COMPLIANCE
ASSIST-
ANCE.—Not later than 30 days after the date of en-
actment of this Act, the Administrator shall make 
VerDate Sep 11 2014 
01:21 Mar 29, 2025
Jkt 059200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2299.IH
H2299
kjohnson on DSK7ZCZBW3PROD with $$_JOB
available to employers resources for assistance in 
complying with the Fair Labor Standards Act of 
1938, including content regarding wage and hour re-
quirements, which shall be offered online, through 
printed materials, and through other outreach activi-
ties. 
(2) APPLICATION.—An employer seeking to 
participate in the program shall submit an applica-
tion to the Administrator that includes— 
(A) materials related to and the results of 
a self-audit, including— 
(i) an identification of any practice of 
such employer identified in a self-audit 
that may violate a minimum wage or over-
time compensation requirement of the Fair 
Labor Standards Act of 1938; and 
(ii) a list of each employee who may 
be an affected employee with respect to 
such violation, including— 
(I) the period of time such em-
ployee would have been affected by 
such violation; 
(II) payroll records related to 
such employee for such period with in-
VerDate Sep 11 2014 
01:21 Mar 29, 2025
Jkt 059200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2299.IH
H2299
kjohnson on DSK7ZCZBW3PROD with $$_JOB
formation on the hours of work per-
formed by such employee; 
(III) calculations of unpaid min-
imum wages or overtime compensation 
owed to such employee under the Fair 
Labor Standards Act of 1938 with a 
description of the methodology of such 
calculation and supporting evidence; 
and 
(IV) contact information for such 
employee; 
(B) an explanation of the scope of poten-
tial violations of a minimum wage or overtime 
compensation requirement of such Act for inclu-
sion in a release of claims under subsection (d); 
(C) an assurance that any practice of such 
employer that violates a minimum wage or over-
time compensation requirement of the Fair 
Labor Standards Act of 1938 that is identified 
in the self-audit has been corrected to comply 
with such Act; 
(D) an assurance that such employer has, 
prior to submitting such application, reviewed 
the compliance assistance resources made avail-
VerDate Sep 11 2014 
01:21 Mar 29, 2025
Jkt 059200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H2299.IH
H2299
kjohnson on DSK7ZCZBW3PROD with $$_JOB
able under paragraph (1) and all program in-
formation, terms, and requirements; 
(E) an assurance that, on the date of sub-
mission of such application, such employer— 
(i) is not involved in any litigation re-
garding any practice of such employer that 
is identified in the self-audit; and 
(ii) has not received any communica-
tions from an employee or a representative 
of an employee seeking to litigate or settle 
claims related to any such practice; and 
(F) an assurance that no employee listed 
in subparagraph (A)(ii) is subject to a pre-
vailing wage requirement under the H–1B, H– 
2B, or H–2A visa programs, subchapter IV of 
chapter 31 of title 40, United States Code 
(commonly referred to as the ‘‘Davis-Bacon 
Act’’), or chapter 67 of title 41, United States 
Code (commonly known as the ‘‘Service Con-
tract Act’’). 
(c) APPLICATION REVIEW AND APPROVAL.— 
(1) REVIEW AND AMENDMENT.—The Adminis-
trator shall review each application submitted by an 
employer under subsection (b)(2). As part of such 
review, the Administrator shall— 
VerDate Sep 11 2014 
01:21 Mar 29, 2025
Jkt 059200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H2299.IH
H2299
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(A) as necessary, consult with such em-
ployer regarding— 
(i) the self-audit and supporting mate-
rials submitted in the application; and 
(ii) the process for approval of such 
application and settlement of unpaid min-
imum wages or overtime compensation 
owed to any affected employee under the 
Fair Labor Standards Act of 1938 (29 
U.S.C. 201 et seq.); 
(B) inform such employer in a timely man-
ner and prior to a determination on the ap-
proval of the application if additional informa-
tion is needed to assess the unpaid minimum 
wages or overtime compensation owed to any 
affected employee for the violations of such Act 
identified in the application through the self- 
audit; and 
(C) provide such employer an opportunity 
to amend such application to revise the scope of 
the practices of such employer that violate a 
minimum wage or overtime compensation re-
quirement of the Fair Labor Standards Act of 
1938 that are identified in the application 
through self-audit, to update the list of affected 
VerDate Sep 11 2014 
01:21 Mar 29, 2025
Jkt 059200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H2299.IH
H2299
kjohnson on DSK7ZCZBW3PROD with $$_JOB
employees with respect to the practices at issue 
in the self-audit, and to update the calculations 
of unpaid minimum wages or overtime com-
pensation owed to any affected employee as a 
result of such violations. 
(2) APPROVAL.— 
(A) IN GENERAL.—If the conditions under 
subparagraph (B) are satisfied with respect to 
an application submitted under subsection 
(b)(2), the Administrator shall— 
(i) approve the application— 
(I) in the case the application 
has not been amended under para-
graph (1)(C), not later than 30 days 
after such submission; or 
(II) in the case the application 
has been amended under paragraph 
(1)(C), not later than 30 days after 
the date of submission of such amend-
ed application; and 
(ii) supervise the settlement under 
subsection (d), including the payment of 
any unpaid minimum wages or overtime 
compensation under the Fair Labor Stand-
VerDate Sep 11 2014 
01:21 Mar 29, 2025
Jkt 059200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H2299.IH
H2299
kjohnson on DSK7ZCZBW3PROD with $$_JOB
ards Act of 1938 (29 U.S.C. 201 et seq.) 
required through such settlement. 
(B) CONDITIONS FOR APPROVAL.—An ap-
plication submitted under subsection (b)(2) 
shall be approved under subparagraph (A) if— 
(i) within the scope of the violations 
identified by the employer through the ap-
plication or an amendment to the applica-
tion under paragraph (1)(C), the Adminis-
trator verifies that the self-audit and cal-
culation of unpaid minimum wages or over-
time compensation owed to any affected 
employee under the Fair Labor Standards 
Act of 1938 submitted in such application 
or amendment are accurate; and 
(ii) the employer submitting the appli-
cation— 
(I) is determined to be acting in 
good faith regarding violations of the 
Fair Labor Standards Act of 1938 
identified in such application or 
amendment; 
(II) has not been found by the 
Administrator or any court of law to 
have violated a minimum wage or 
VerDate Sep 11 2014 
01:21 Mar 29, 2025
Jkt 059200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H2299.IH
H2299
kjohnson on DSK7ZCZBW3PROD with $$_JOB
overtime compensation requirement of 
such Act during the 5 years imme-
diately preceding submission of such 
application; and 
(III) has not been approved for 
participation in the program prior to 
the submission of such application, 
unless— 
(aa) such participation was 
for a distinct violation of the 
Fair Labor Standards Act of 
1938 than the practice identified 
in the self-audit under subsection 
(b)(2); and 
(bb) such employer has sub-
mitted the necessary materials 
for the Administrator to verify 
that such employer is not engag-
ing in the practice addressed by 
the previous participation of the 
employer in the program. 
(d) SETTLEMENT.— 
(1) IN GENERAL.—For each employer that sub-
mits an application under subsection (b)(2) that is 
VerDate Sep 11 2014 
01:21 Mar 29, 2025
Jkt 059200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H2299.IH
H2299
kjohnson on DSK7ZCZBW3PROD with $$_JOB
approved under subsection (c)(2), the Administrator 
shall— 
(A) provide to the employer a description 
of the scope of the potential release of claims 
for violations of minimum wage or overtime 
compensation requirements of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 201 et seq.) 
and a summary of any unpaid minimum wages 
or overtime compensation owed to each affected 
employee under such Act for such violations; 
and 
(B) issue a release form to each affected 
employee of such employer that describes the 
settlement terms, which shall include a written 
explanation of— 
(i) 
the 
waiver 
under 
paragraph 
(2)(B); and 
(ii) the right of the affected employee 
receiving the offer for settlement to decline 
the offer for settlement and preserve any 
private right of action of the employee to 
recover any unpaid minimum wages or 
overtime compensation owed to the em-
ployee under the Fair Labor Standards 
Act of 1938 as a result of such violations. 
VerDate Sep 11 2014 
01:21 Mar 29, 2025
Jkt 059200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H2299.IH
H2299
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(2) ACCEPTANCE OF SETTLEMENT.— 
(A) IN GENERAL.—An affected employee 
offered a settlement through a release form 
under paragraph (1)(B) may accept or decline 
the offer. 
(B) WAIVER OF PRIVATE RIGHT OF AC-
TION.—The acceptance by an affected employee 
of an offer of settlement under subparagraph 
(A) shall, upon payment in full of any amounts 
owed to the employee under the settlement, con-
stitute a waiver by such employee of any right 
such employee may have under section 16 of 
the Fair Labor Standards Act of 1938 (29 
U.S.C. 216) to a private right of action to re-
cover unpaid minimum wages or overtime com-
pensation, including any liquidated damages, 
for the violations addressed by the settlement. 
(3) PAYMENT OF SETTLEMENT.—For each af-
fected employee that accepts a settlement through a 
release form under paragraph (1)(B), the employer 
shall— 
(A) pay such employee the full amount of 
unpaid minimum wages or overtime compensa-
tion owed to such employee under the Fair 
Labor Standards Act of 1938 (29 U.S.C. 201 
VerDate Sep 11 2014 
01:21 Mar 29, 2025
Jkt 059200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H2299.IH
H2299
kjohnson on DSK7ZCZBW3PROD with $$_JOB
et seq.) for the violations addressed in the set-
tlement; and 
(B) submit proof of payment of such full 
amount to the Administrator. 
(e) ADDITIONAL REQUIREMENTS.— 
(1) DENIALS.—In the case of an application 
submitted by an employer under subsection (b)(2) 
and not approved under subsection (c)(2), the Ad-
ministrator may not— 
(A) use information submitted in the appli-
cation in an investigation against the employer; 
(B) use the fact such employer applied to 
the program as a basis for any future investiga-
tion, except in a case in which the Adminis-
trator has reason to believe that the health and 
safety of an employee is at risk due to an al-
leged violation related to a requirement en-
forced by the Secretary involving child labor, 
agricultural worker protections, or housing or 
transportation requirements under the H–2A or 
H–2B visa programs; or 
(C) communicate to any affected employee 
of such employer in response to receipt of such 
application to notify such employee of the pri-
vate right of action of such employee to resolve 
VerDate Sep 11 2014 
01:21 Mar 29, 2025
Jkt 059200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H2299.IH
H2299
kjohnson on DSK7ZCZBW3PROD with $$_JOB
potential violations of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 201 et seq.), particu-
larly with respect to the wage practices at issue 
in the self-audit. 
(2) EXPANSION OF SCOPE.—The Administrator 
may not expand the scope of the violations to be in-
vestigated or settled through an employer’s partici-
pation in the program beyond the violations identi-
fied by the employer in the application submitted by 
the employer under subsection (b)(2) or the amend-
ed application submitted by the employer under sub-
section (c)(1)(C). 
(3) NO PAYMENTS REQUIRED.—The Adminis-
trator may not require any form of payment by an 
employer to apply, qualify, or participate in the pro-
gram. 
(4) EXEMPTION FROM DISCOVERY.—Any infor-
mation submitted in an application to the program 
under subsection (b)(2), or an amendment to such 
application under subsection (c)(1)(C), may not be 
subject to discovery in a Federal or State court pro-
ceeding without the consent of the employer that 
submitted the application. 
(f) RETALIATION.—Section 15(a)(3) of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 215(a)(3)) is 
VerDate Sep 11 2014 
01:21 Mar 29, 2025
Jkt 059200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H2299.IH
H2299
kjohnson on DSK7ZCZBW3PROD with $$_JOB
amended by inserting before the semicolon the following: 
‘‘, or has accepted or declined to accept an offer for settle-
ment under section 4(d) of the Ensuring Workers Get 
PAID Act of 2025’’. 
Æ 
VerDate Sep 11 2014 
01:21 Mar 29, 2025
Jkt 059200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6301
E:\BILLS\H2299.IH
H2299
kjohnson on DSK7ZCZBW3PROD with $$_JOB