Fairness and transparency office

The Fair Labor Standards Act of 1938 is amended by inserting after section 4 (29 U.S.C. 204) the following: 5. Establishment of fairness and transparency office (a) In general There is established in the Wage and Hour Division of the Department of Labor the Fairness and Transparency Office. (b) Director of the Fairness and Transparency Office The President shall appoint a Director of the Fairness and Transparency Office to head the Fairness and Transparency Office. (c) Employees and advisory boards of the Office (1) In general The Director— (A) may select, appoint, and employ, without regard to the provisions of sections 3309 through 3318 of title 5, United States Code, individuals directly to positions in the competitive service, as defined in section 2102 of such title, to carry out the duties of the Director under this Act; and (B) may fix the compensation of the individuals described in subparagraph (A) without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for such individuals may not exceed the rate payable for level V of the Executive Schedule under section 5316 of that title. (2) Fairness and Transparency Advisory Board (A) In general The Director shall establish a Fairness and Transparency Advisory Board to advise and consult on the exercise of the functions of the Director under this Act and under the Warehouse Worker Protection Act. (B) Composition The Fairness and Transparency Advisory Board established under subparagraph (A) shall be composed of— (i) as the Director determines appropriate, covered employers and covered employees or representatives of covered employers and covered employees; and (ii) at least one of each of the following: (I) Worker protection experts. (II) Civil rights experts. (III) Health and safety experts. (IV) Workplace technology experts. (V) Disability law experts. (VI) Representatives of labor organizations. (VII) Representatives of worker advocacy organizations. (C) Appointments The Director shall— (i) appoint members to the advisory board established under subparagraph (A); and (ii) ensure a partisan balance in the membership of the advisory board. (D) Meetings The advisory board established under subparagraph (A) shall meet— (i) at the call of the Director; and (ii) not less than 2 times annually. (E) Compensation and travel expenses A member of the Fairness and Transparency Advisory Board established under subparagraph (A) who is not an officer or employee of the Federal Government shall— (i) be entitled to receive compensation at a rate fixed by the Director while attending meetings of the advisory board, including travel time; and (ii) receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (F) Exemption from the Federal Advisory Committee Act The Fairness and Transparency Advisory Board established under subparagraph (A) shall be exempt from chapter 10 of title 5, United States Code (commonly known as the Federal Advisory Committee Act). (G) Definitions of covered employee and covered employer In this paragraph, the terms covered employee and covered employer have the meanings given such terms in section 102(a) of the Warehouse Worker Protection Act. (3) Use of voluntary services The Director may, as may from time to time be needed, use any voluntary or uncompensated services. (4) Attorneys Attorneys appointed under this subsection or the Solicitor of Labor may appear for and represent the Director in any litigation. (d) Rulemaking (1) In general The Secretary, acting through the Director and the Administrator of the Wage and Hour Office, may issue orders and guidance or promulgate regulations as may be necessary or appropriate to enable the Secretary to carry out the purposes and objectives of the Warehouse Worker Protection Act, and to prevent evasions thereof. (2) Consultation In issuing orders and guidance or promulgating regulations under this subsection, the Secretary, acting through the Director and the Administrator of the Wage and Hour Office, may consult with the Occupational Safety and Health Administration and Federal agencies that have jurisdiction over labor and employment issues, including the Equal Employment Opportunity Commission, the National Labor Relations Board, the National Mediation Board, and the Merit Systems Protection Board..