[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1554 Introduced in Senate (IS)]

  2d Session
                                S. 1554

To amend the Fair Labor Standards Act of 1938 to clarify the exemption 
 for houseparents from the minimum wage and maximum hours requirements 
                  of that Act, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 1, 1996

  Mr. Cochran 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 to clarify the exemption 
 for houseparents from the minimum wage and maximum hours requirements 
                  of that Act, 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. REFERENCE.

    Whenever in this Act an amendment is expressed in terms of an 
amendment to a section or other provision, the reference shall be 
considered made to a section or other provision of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 201 et seq.).

SEC. 2. DEFINITION OF HOUSEPARENT.

    Section 3 (29 U.S.C. 203) is amended by adding at the end thereof 
the following:
    ``(y) `Houseparent' means any person employed by a nonprofit 
institution as a child-care worker, either as a member of a married 
couple or as a single person (1) to serve as a substitute parent for 
children who do not live with their own families, and (2) to reside in 
a family like setting with such children.''.

SEC. 3. MINIMUM WAGE AND MAXIMUM HOURS EXEMPTION FOR HOUSEPARENTS.

    Section 13(a) (29 U.S.C. 213(a)) is amended by striking the period 
at the end of paragraph (16) and inserting ``; or'' and by adding at 
the end thereof the following:
            ``(17) any employee who is employed by a nonprofit 
        institution to serve as a houseparent for abused, neglected, 
        delinquent, orphaned, homeless, or emotionally impaired 
        children, when--
                    ``(A) such children's primary residence is in the 
                residential facilities of such institution,
                    ``(B) such houseparent resides with such children 
                in the residential facilities of such institution for 
                at least 72 hours a week, and
                    ``(C) such houseparent receives, without cost, 
                board and lodging from such institution and is 
                compensated, on a cash basis, at an annual rate of not 
                less than $8,000.''.

SEC. 4. CONFORMING AMENDMENTS.

    Subsection (b) of section 13 (29 U.S.C. 213) is amended by striking 
out paragraph (24).
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