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S. C. R. No. 22 As Introduced
As Introduced
| 128th General Assembly | | Regular Session | | 2009-2010 |
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Cosponsors:
Senators Cafaro, Miller, D., Turner, Strahorn, Schiavoni, Miller, R., Fedor, Smith, Sawyer
A CONCURRENT RESOLUTION
| To urge the Congress of the United States to enact
House Resolution 3303, the Wage Theft Prevention
Act.
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BE IT RESOLVED BY THE SENATE OF THE STATE OF OHIO
(THE HOUSE OF REPRESENTATIVES CONCURRING):
| WHEREAS, Wage theft is a serious problem in this country and
has affected those employees who can least afford to lose their
pay and, given these difficult economic times, the nation must
ensure that hard-working Americans earn the compensation to which
they are entitled and ensure that legitimate complaints of wage
theft are given a thorough investigation; and |
| WHEREAS, The Wage Theft Prevention Act amends the
Portal-to-Portal Act of 1947 to toll the statute of limitations
for
bringing a cause of action for unpaid minimum wages, unpaid
overtime compensation, or liquidated damages under the Fair Labor
Standards Act, 29 U.S.C. 201 et seq., the Walsh-Healey Act, 41
U.S.C. 35 et seq., or the Bacon-Davis Act, 40 U.S.C. 376a et seq.,
starting from the time the United States Secretary of Labor
notifies an employer of the initiation of an investigation
regarding a cause of action under those laws until that employer
is notified of the conclusion of the investigation; and |
| WHEREAS, An undercover investigation by the United States
Government Accountability Office found that complaint intake,
complaint resolution, and investigation processes of the Division
of Wage and Hour within the United States Department of Labor were
ineffective and discouraged workers from lodging wage theft
complaints; and |
| WHEREAS, For example, in several of the Division's regional
offices, staff were directed to record only successful complaint
resolutions in the staff's database, making the Wage and Hour
Division appear better at resolving wage and hour complaints than
the Division actually is, and in addition, the Government
Accountability Office found that, because of the lack
of
resources and staff, investigations on wage theft and child labor
violations were frequently delayed by months or years; and |
| WHEREAS, The ineffectiveness of the Wage and Hour Division's
investigations and procedures leaves thousands of low-wage workers
vulnerable to wage theft, and because of the Wage and Hour
Division's delays, an employee's right to file a lawsuit could be
jeopardized; now therefore be it |
| RESOLVED, That the General Assembly of the State of Ohio
urges the Congress of the United States to enact House Resolution
3303, the Wage Theft Prevention Act, to allow employees to bring
an action for wage theft and to allow the Division of Wage and
Hour to conduct an investigation to assist low-income employees in
need; therefore be it further |
| RESOLVED, That the Clerk of the Senate transmit duly
authenticated copies of this resolution to the President of the
United States, the Speaker and Clerk of the United States House of
Representatives, the President Pro Tempore and the Secretary of
the United States Senate, the members of the Ohio Congressional
delegation, the United States Secretary of Labor, the Governor of
the State of Ohio, and the news media of Ohio. |
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