[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1225 Enrolled Bill (ENR)]

        H.R.1225

                       One Hundred Fourth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

         Begun and held at the City of Washington on Wednesday,
  the fourth day of January, one thousand nine hundred and ninety-five


                                 An Act


 
 To amend the Fair Labor Standards Act of 1938 to exempt employees who 
   perform certain court reporting duties from the compensatory time 
   requirements applicable to certain public agencies, 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 ``Court Reporter Fair Labor Amendments 
of 1995''.

SEC. 2. LIMITATION ON OVERTIME COMPENSATION FOR COURT REPORTERS.

    Section 7(o) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
207(o)) is amended--
        (1) by redesignating paragraph (6) as paragraph (7); and
        (2) by inserting after paragraph (5) the following new 
    paragraph:
    ``(6) The hours an employee of a public agency performs court 
reporting transcript preparation duties shall not be considered as 
hours worked for the purposes of subsection (a) if--
        ``(A) such employee is paid at a per-page rate which is not 
    less than--
            ``(i) the maximum rate established by State law or local 
        ordinance for the jurisdiction of such public agency,
            ``(ii) the maximum rate otherwise established by a judicial 
        or administrative officer and in effect on July 1, 1995, or
            ``(iii) the rate freely negotiated between the employee and 
        the party requesting the transcript, other than the judge who 
        presided over the proceedings being transcribed, and
        ``(B) the hours spent performing such duties are outside of the 
    hours such employee performs other work (including hours for which 
    the agency requires the employee's attendance) pursuant to the 
    employment relationship with such public agency.
For purposes of this section, the amount paid such employee in 
accordance with subparagraph (A) for the performance of court reporting 
transcript preparation duties, shall not be considered in the 
calculation of the regular rate at which such employee is employed.''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by section 2 shall apply after the date of the 
enactment of this Act and with respect to actions brought in a court 
after the date of the enactment of this Act.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.