[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1225 Reported in House (RH)]

                                                 Union Calendar No. 115
104th CONGRESS
  1st Session
                                H. R. 1225

                          [Report No. 104-219]

 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 14, 1995

  Mr. Fawell (for himself, Mr. Barrett of Nebraska, Mr. Andrews, Mr. 
Hoekstra, and Mr. Christensen) introduced the following bill; which was 
  referred to the Committee on Economic and Educational Opportunities

                             August 1, 1995

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``The Court Reporter Fair 
Labor Amendments of 1995''.</DELETED>

<DELETED>SEC. 2. LIMITATION ON COMPENSATORY TIME FOR COURT 
              REPORTERS.</DELETED>

<DELETED>    Section 7(o) of the Fair Labor Standards Act of 1938 (29 
U.S.C. 207(o)) is amended--</DELETED>
        <DELETED>    (1) by redesignating paragraph (6) as paragraph 
        (7); and</DELETED>
        <DELETED>    (2) by inserting after paragraph (5) the following 
        new paragraph:</DELETED>
<DELETED>    ``(6) A public agency may not be considered to be in 
violation of subsection (a) with respect to an employee who performs 
court reporting transcript preparation duties if such public agency and 
such employee have an understanding that the time spent performing such 
duties outside of normal working hours or regular working days is not 
considered as hours worked for the purposes of subsection 
(a).''.</DELETED>

<DELETED>SEC. 3. EFFECTIVE DATE OF AMENDMENTS.</DELETED>

<DELETED>    The amendments made by section 2 shall take effect as if 
included in the provisions of the Fair Labor Standards Act of 1938 to 
which such amendments relate, except that such amendments shall not 
apply to an action--</DELETED>
        <DELETED>    (1) that was brought in a court involving the 
        application of section 7(a) of such Act to an employee who 
        performed court reporting transcript preparation duties; 
        and</DELETED>
        <DELETED>    (2) in which a final judgment has been entered on 
        or before the date of enactment of this Act.</DELETED>
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.
                                     
                                                 Union Calendar No. 115

104th CONGRESS

  1st Session

                               H. R. 1225

                          [Report No. 104-219]

_______________________________________________________________________

                                 A BILL

 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.

_______________________________________________________________________

                             August 1, 1995

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed