Fair Labor Standards Act – Final Substantive Regulations

On April 23, 1996, the Office of Congressional Workplace Rights (OCWR) (then known as the Office of Compliance) issued its final regulations implementing the Fair Labor Standards Act (FLSA) in the legislative branch. These regulations were adopted by the Board of Directors and approved by Congress. Covered employees and employing offices are obligated to follow these regulations.

Three sets of regulations were issued, one each for the U.S. House of Representatives, the U.S. Senate, and other employing offices within the legislative branch that are collectively referred to as the Instrumentalities of Congress:

H Series (House of Representatives) – Substantive Regulations Adopted by the Board of Directors of the Office of Compliance and Approved by Congress Extending Rights and Protections Under the Fair Labor Standards Act of 1938

S Series (Senate) – Substantive Regulations Adopted by the Board of Directors of the Office of Compliance and Approved by Congress Extending Rights and Protections Under the Fair Labor Standards Act of 1938

C Series (Instrumentalities) – Substantive Regulations Adopted by the Board of Directors of the Office of Compliance and Approved by Congress Extending Rights and Protections Under the Fair Labor Standards Act of 1938

To see the regulations as originally published, please see the Notice of Issuance of Final Regulations in the Congressional Record.

Pending Updates to the FLSA Regulations

On September 28, 2022, the OCWR issued notice that it had adopted, after notice and comment, regulations implementing exemptions to the overtime provisions of the FLSA in the legislative branch. Please click here for more information.

On December 14, 2022, the House of Representatives adopted House Resolution 1516, thereby approving the FLSA regulations for all employees and employing offices of the House. The OCWR Board thereafter issued its regulations on March 1, 2023. These regulations became effective for House employees and employing offices on April 30, 2023. For other employing offices, the FLSA regulations issued in 1996 and approved by Congress remain in effect.