[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3949 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 3949

  Entitled the ``Volunteer Firefighter and Rescue Squad Worker Act''.


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                    IN THE HOUSE OF REPRESENTATIVES

                             March 3, 1994

 Mr. Bateman introduced the following bill; which was referred to the 
                    Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
  Entitled the ``Volunteer Firefighter and Rescue Squad Worker Act''.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FIREFIGHTER AND RESCUE SQUAD SERVICES.

    Paragraph (4) of section 3(e) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 303(e)) is amended by adding after subparagraph (B) the 
following:
    ``(C) The term `employee' does not include a firefighter or a 
member of a rescue squad during the period in which the firefighter or 
rescue squad member volunteers the firefighter's or member's services 
at a location where the firefighter or member is not employed.''.

SEC. 2. WAIVER OF OVERTIME COMPENSATION.

    The employer of a firefighter or member of a rescue squad is not 
required to pay the firefighter or member overtime compensation under 
section 7 of the Fair Labor Standards Act of 1938 for a period--
            (1) when the firefighter or member volunteered their 
        services to the employer, and
            (2) for which the firefighter or member signed a legally 
        binding waiver of such compensation.

SEC. 3. COERCION.

    Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) 
is amended by adding at the end the following:
    ``(r) No employer may require (directly or indirectly) an employee 
who is a firefighter or member of a rescue squad to volunteer the 
employee's firefighting or rescue squad services during any period in 
which such employee would be entitled to receive compensation for 
overtime employment under subsection (a) if section 3(e)(4)(C) was not 
in effect.''.

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