[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 71 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                 H. R. 71

   To amend the Fair Labor Standards Act of 1938 to exempt from the 
minimum wage and overtime requirements individuals who volunteer their 
       time in order to enhance their occupational opportunities.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 7, 1997

 Mr. Knollenberg 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 to exempt from the 
minimum wage and overtime requirements individuals who volunteer their 
       time in order to enhance their occupational opportunities.

    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 ``Job Skill Development Act of 1997''.

SEC. 2. VOLUNTEERS.

    Section 3(e)(4) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
203(e)(4)) is amended by adding at the end the following:
    ``(C) The term `employee' does not include any individual who 
volunteers to perform services for an employer if--
            ``(i) the individual's volunteering to perform services was 
        initiated by the individual;
            ``(ii) the individual volunteers to perform services for 
        not more than 1040 hours and for not more than 40 hours in any 
        week;
            ``(iii) the individual receives no compensation for, or is 
        paid only expenses, reasonable benefits, or a nominal fee to 
        perform, the services for which the individual volunteered;
            ``(iv) the services for which the individual volunteered 
        are not services for which the individual has been employed by 
        such employer;
            ``(v) such services develop skills and experience for which 
        the individual may thereafter be employed;
            ``(vi) the individual has voluntarily agreed to perform 
        such services with no promise of employment by the employer;
            ``(vii) no regular employee has been laid off or terminated 
        by such employer from the position to be filled by such 
        individual; and
            ``(viii) no regular employee experiences a reduction in 
        hours, wages, or employment benefits as a result of the 
        services performed by such individual.''.
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