[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 504 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 504

 To amend the Fair Labor Standards Act of 1938 relating to the minimum 
  wage and overtime exemption for employees subject to certain leave 
                               policies.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 4, 1997

 Mr. Andrews introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
 To amend the Fair Labor Standards Act of 1938 relating to the minimum 
  wage and overtime exemption for employees subject to certain leave 
                               policies.

    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 ``Workplace Leave Fairness Act''.

SEC. 2. EMPLOYEES SUBJECT TO CERTAIN LEAVE POLICIES.

    Section 13(a)(1) (29 U.S.C. 213(a)(1)) is amended by adding before 
the semicolon at the end the following:
        ``and an employee shall not be disqualified for an exemption 
        under this paragraph on the basis that such employee is subject 
        to reductions--
                    ``(A) in accrued leave of any type, or
                    ``(B) in pay,
        because of an absence of the employee and because such 
        employee's accrued leave was exhausted or such employee chose 
        to be absent without charging the employee's accrued leave, 
        regardless of the length of the leave or absence for which such 
        reductions are to be made''.

SEC. 3. EFFECTIVE DATE.

    The amendment made by section 2 shall apply to an employee 
(described in the amendment) before, on, and after the date of 
enactment of this Act unless--
            (1) an action was brought in a court involving the 
        application of section 13(a)(1) of the Fair Labor Standards Act 
        of 1938 (29 U.S.C. 213(a)(1)) to the employee; and
            (2) a final judgment has been entered in the action on or 
        before the date of enactment of this Act.
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