Overview of the OCWR Substantive Regulations
The Congressional Accountability Act (CAA) applies certain labor and employment statutes to the legislative branch and tasks the OCWR Board of Directors with adopting regulations to implement most of them. When issuing new or amended regulations, the Board follows the process set forth in section 304 of the CAA, 2 U.S.C. § 1384:
- Proposed Regulations – The Board drafts regulations to implement certain statutes in the legislative branch. The CAA requires the Board to model its regulations for each statute after those that apply in the executive branch of the federal government, unless the Board determines, for good cause shown, that a modification of those regulations would be more effective for the implementation of the rights and protections of the statute in the legislative branch. Under some circumstances the Board may adopt different sets of regulations for the Senate, the House of Representatives, and the Instrumentalities of Congress (i.e., the other employing offices within the legislative branch).
- Notice and Comment – The Board’s proposed regulations are published in the Congressional Record as a Notice of Proposed Rulemaking. Interested parties then have at least 30 days to submit comments to the Board regarding the proposed regulations.
- Adopted Regulations – After considering the comments received, the Board adopts final regulations and publishes them in the Congressional Record. These are considered pending regulations while they await approval from Congress.
- Congressional Approval – Regulations adopted by the Board of Directors are not effective unless approved by Congress, either by resolution of the House of Representatives or of the Senate, by concurrent resolution, or by joint resolution.
- Final Publication – Once approved by Congress, the regulations are published in the Congressional Record, and are considered to be issued on the date of publication. Regulations typically become effective at least 60 days after the date of issuance, unless the Board demonstrates good cause for them to become effective sooner.
The CAA does not authorize the OCWR Board to issue regulations implementing the laws applied by section 201 (Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Rehabilitation Act, or Title I of the Americans with Disabilities Act) or the Genetic Information Nondiscrimination Act.
Final Substantive Regulations
Regulations extending rights and protections under the following laws have been approved by Congress and currently apply to the legislative branch:
Employee Polygraph Protection Act (EPPA)
Final Regulations issued April 23, 1996
Fair Labor Standards Act (FLSA)
Final Regulations issued April 23, 1996, and March 1, 2023 (House offices only)
Note: updated FLSA regulations are pending, but the final regulations approved in 1996 remain in effect for Senate and other offices while the updated regulations await congressional approval.
Family and Medical Leave Act (FMLA)
Final Regulations issued April 23, 1996, and March 1, 2023 (House offices only)
Note: updated FMLA regulations are pending, but the final regulations approved in 1996 remain in effect for Senate and other offices while the updated regulations await congressional approval.
Federal Service Labor-Management Relations Statute (collective bargaining and unionization)
Final Regulations issued October 1, 1996
Veterans Employment Opportunities Act (VEOA)
Final Regulations issued January 25, 2011 and reprinted March 8, 2011
Worker Adjustment and Retraining Notification Act (WARN Act)
Final Regulations issued April 23, 1996
Pending Substantive Regulations
The following regulations have been adopted by the OCWR Board of Directors but have not yet received congressional approval:
Americans with Disabilities Act (ADA)
Notice of Proposed Rulemaking published in the Congressional Record on July 26, 2022, and Pending Regulations adopted February 3, 2016, and awaiting congressional approval
Fair Labor Standards Act (FLSA)
Pending Regulations adopted September 28, 2022, issued for the House on March 1, 2023, and awaiting approval for the Senate and other offices
Note: the earlier version of the FLSA regulations approved by Congress and issued in 1996 remains in effect for Senate and other offices while the updated regulations are pending.
Family and Medical Leave Act (FMLA)
Pending Regulations adopted December 7, 2021, issued for the House on March 1, 2023, and awaiting approval for the Senate and other offices
Note: the earlier version of the FMLA regulations approved by Congress and issued in 1996 remains in effect for Senate and other offices while the updated regulations are pending.
Uniformed Services Employment and Reemployment Rights Act (USERRA)
Pending Regulations adopted February 2, 2009, and awaiting congressional approval
Procedural Rules
Section 303 of the CAA, 2 U.S.C. § 1383, requires the OCWR Executive Director to adopt rules of procedure, subject to approval by the OCWR Board of Directors. The Procedural Rules establish the process by which alleged violations of the laws made applicable to the legislative branch under the CAA are considered and resolved.
On June 19, 2019 the OCWR issued its updated Procedural Rules, incorporating changes reflecting the new and revised provisions of the CAA as amended by the CAA Reform Act. The proposed Procedural Rules were published in the Congressional Record and open to public comment. After reviewing the comments submitted, the OCWR issued the finalized Procedural Rules, which were published in the Congressional Record. Unlike substantive regulations, the Procedural Rules of the OCWR are not subject to congressional approval.
Procedural Rules of the Office of Congressional Workplace Rights – June 19, 2019