[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