[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 94 Introduced in House (IH)]







                                    


105th CONGRESS
  1st Session
                                 H. R. 94

 To amend the Fair Labor Standards Act of 1938 to provide an exemption 
 from overtime compensation for firefighters and rescue squad members 
                     who volunteer their services.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 7, 1997

 Mr. Bateman 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 provide an exemption 
 from overtime compensation for firefighters and rescue squad members 
                     who volunteer their services.

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

SEC. 2. EXEMPTION.

    Paragraph (4) of section 3(e) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 203(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--
            ``(1) in which the firefighter or rescue squad member 
        volunteers the firefighter's or member's services at a facility 
        where the firefighter or member is not then regularly employed; 
        and
            ``(2) for which the firefighter or member signed a legally 
        binding waiver of overtime compensation for such services.''.

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 fire-
fighting or rescue squad services during any period in which such 
firefighter or member 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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