Definitions

In this Act: (1) Affected employee The term affected employee means an employee affected by a violation of a minimum wage or overtime hours requirement 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 (commonly known as the Service Contract Act). (2) Administrator The term Administrator 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 participation in the Payroll Audit Independent Determination program established under section 4, that such employer is not, at the time such employer submits 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 alleged violation of such a requirement. (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 inaccuracies 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)).