H.R. 9859: Ethical Investigations and Integrity Act

This bill would require the Secretary of Labor, when providing certain kinds of assistance or advice to an individual for use in a possible civil lawsuit under wage-and-hour laws, to do so under a written agreement before the assistance is provided.

What counts as covered assistance

The bill uses the term adverse assistance to mean help or advice directed specifically to an attorney for possible use in a civil case under laws enforced by the Department of Labor’s Wage and Hour Division. This could include sharing information that may help support a lawsuit.

Required agreement and notice

Before giving that assistance, the Secretary would have to:

• enter into a written agreement with the individual receiving the assistance, describing its nature and scope; and
• give a copy of that agreement to any employer or contractor that could be directly and negatively affected by the assistance.

Reporting to Congress

The bill would also require the Secretary of Labor to send Congress a report within 60 days of enactment, and then every year by December 31, listing all such agreements in effect during the prior fiscal year. For each agreement, the report would include:

• a copy of the agreement, with some identifying information removed;
• the date the agreement was signed;
• a detailed description of the assistance provided, including what information was shared, its source, type, amount, and when it was shared;
• a log of verbal communications, including dates, participants, communication method, and what information was discussed; and
• a log of meetings, including dates, attendees, meeting method, and the purpose of the meeting and any information shared.

The report would need to identify the parties to each agreement, but it could not include information that would identify other people, such as employers, contractors, or other potential defendants.

Existing arrangements

For any existing arrangement already in place when the bill becomes law, the Secretary would have 60 days to complete the required written agreement and disclosure steps. If that happens within 60 days, the law would treat those steps as if they had been done before the assistance was provided.

Practical effect

In practice, the bill would add formal paperwork, notification, and reporting requirements to certain Department of Labor activities involving help to individuals or attorneys in wage-and-hour disputes. It would create a record of those interactions and require disclosure to affected employers or contractors.

Relevant Companies

None found