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    Subject Term: "Overtime compensation"

    2 publications with a total of 2 open recommendations
    Director: Andrew Sherrill
    Phone: (202) 512-7215

    1 open recommendations
    Recommendation: Depending on the outcome of the litigation, the Secretary of Labor should take steps to ensure the agency will be positioned to conduct a meaningful retrospective review consistent with the Executive Order at an appropriate time. These steps should be taken in consultation with the Centers for Medicare & Medicaid Services, and could include, for example, identifying metrics that could be used to evaluate the rule, and implementing a plan to gather and analyze the necessary data.

    Agency: Department of Labor
    Status: Open

    Comments: The Department of Labor's Wage and Hour Division (WHD) agreed with this recommendation and reported that it is working to develop data collection plans and explore a potential evaluation that is focused on the Home Care Rule. As part of this effort, WHD noted that it will continue to work with HHS and other federal partners. In FY16, WHD reported that such an evaluation of how stakeholders and affected industries have responded to the rule would be beneficial. However, litigation has delayed implementation and enforcement of the rule significantly, and WHD believes an evaluation at this stage would be premature and would be unlikely to fully and accurately capture stakeholders' responses to the rule and the resulting impacts. Delaying the evaluation would allow WHD to monitor the results of its own investigations and the effects of ongoing compliance assistance, both of which would be extremely difficult to measure at this early stage. In 2017, WHD reported that it will continue to monitor early implementation to determine the appropriate start for any evaluation and lay the groundwork for future assessment, including a plan for how to identify data that would inform such as an assessment.
    Director: Maurer, Diana C
    Phone: (202) 512-9627

    1 open recommendations
    Recommendation: To ensure that DHS components have sustained effective and appropriate use of AUO in accordance with law and regulation, Congress should consider requiring DHS to report annually to Congress on the use of AUO within the department, including the extent to which DHS components have made progress remediating AUO implementation deficiencies and information from annual third-party AUO audits or other department AUO oversight efforts.

    Agency: Congress
    Status: Open

    Comments: As of March 2018, two DHS components continue to use administratively uncontrollable overtime (AUO) to compensate employees for time worked beyond the standard 8-hour workday-U.S. Immigration and Customs Enforcement (ICE) and U.S. Secret Service (USSS). The Border Patrol Agent Pay Reform Act of 2014 (BPAPRA), passed in December 2014, established a new overtime compensation system for Border Patrol agents (the majority of former AUO-users). Further, an amendment to Title V, enacted in December 2016, expanded law enforcement availability pay to U.S. Customs and Border Protection's (CBP) Air and Marine Operations. As of January 2018, CBP reported that it no longer had any employees authorized for AUO. Though the negative effects of implementing AUO incorrectly have been mitigated to some extent through the deauthorization of AUO and an alternative compensation mechanism for over 20,000 Border Patrol agents, in addition to other agencies' deauthorizations, two DHS components continue to utilize AUO. Therefore, DHS still needs to consider a holistic approach to ensuring those components use AUO correctly and our matter for congressional consideration will remain open.