[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1354 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1354

 To amend the Fair Labor Standards Act of 1938 relating to the minimum 
  wage and overtime exemption for employees subject to certain leave 
                   policies, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               August 4 (legislative day, June 30), 1993

    Mrs. Kassebaum (for herself, Mr. Jeffords, Mr. Cochran, and Mr. 
   Pressler) introduced the following bill; which was read twice and 
         referred to the Committee on Labor and Human Resources

_______________________________________________________________________

                                 A BILL


 
 To amend the Fair Labor Standards Act of 1938 relating to the minimum 
  wage and overtime exemption for employees subject to certain leave 
                   policies, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Workplace Leave Fairness Act''.

SEC. 2. EMPLOYEES SUBJECT TO CERTAIN LEAVE POLICIES.

    Section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
213(a)(1)) is amended by adding before the semicolon at the end the 
following: ``and an employee shall not be disqualified for an exemption 
under this paragraph on the basis that such employee--
            ``(1) is subject to reductions--
                    ``(A) in accrued leave of any type, or
                    ``(B) in pay because of an absence of the employee 
                and because--
                            ``(i) such employee's accrued leave was 
                        exhausted, or
                            ``(ii) such employee chose to be absent 
                        without charging the employee's accrued leave
        regardless of the length of the leave or absence for which such 
        reductions are to be made, or
            ``(2) is subject to employer management policies or 
        practices with respect to--
                    ``(A) the recording of hours worked,
                    ``(B) the establishment of regular working hours,
                    ``(C) compensation of any type irrespective of 
                amount or method of determination above and beyond the 
                salaried level for a work week or work period, and
                    ``(D) suspension from work without pay for 
                disciplinary purposes.''.

SEC. 3. EFFECTIVE DATE.

    The amendment made by section 2 shall apply to an employee 
(described in the amendment) before, on, and after the date of 
enactment of this Act unless--
            (1) an action was brought in a court involving the 
        application of section 13(a)(1) of the Fair Labor Standards Act 
        of 1938 (29 U.S.C. 213(a)(1)) to the employee; and
            (2) a final judgment has been entered in the action on or 
        before the date of enactment of this Act.

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