[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 94 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 94

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 1995

 Mr. Bateman introduced the following bill; which was referred to the 
          Committee on Economic and Educational Opportunities

_______________________________________________________________________

                                 A BILL


 
Entitled the ``Volunteer Firefighter and Rescue Squad Worker Protection 
                                 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 then or regularly 
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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