[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1381 Reported in House (RH)]






                                                 Union Calendar No. 201
106th CONGRESS
  1st Session
                                H. R. 1381

                          [Report No. 106-358]

   To amend the Fair Labor Standards Act of 1938 to provide that an 
   employee's ``regular rate'' for purposes of calculating overtime 
   compensation will not be affected by certain additional payments.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 13, 1999

 Mr. Ballenger (for himself, Mr. Goodling, and Mr. Dickey) introduced 
 the following bill; which was referred to the Committee on Education 
                           and the Workforce

                            October 1, 1999

 Additional sponsors: Mr. Paul, Mr. Norwood, Mr. Deal of Georgia, Mr. 
Hilleary, Mr. Barrett of Nebraska, Mr. Boehner, Mr. Miller of Florida, 
 Mr. Duncan, Mr. Bartlett of Maryland, Mr. Shuster, Mr. Skeen, and Mr. 
                              Knollenberg

                            October 1, 1999

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
   To amend the Fair Labor Standards Act of 1938 to provide that an 
   employee's ``regular rate'' for purposes of calculating overtime 
   compensation will not be affected by certain additional payments.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Rewarding Performance in 
Compensation Act''.</DELETED>

<DELETED>SEC. 2. REGULAR RATE.</DELETED>

<DELETED>    Section 7(e)(3) of the Fair Labor Standards Act of 1938 
(29 U.S.C. 207(e)(3)) is amended by inserting before the semicolon at 
the end the following: ``; or (d) the payments are made to reward an 
employee or group of employees for meeting or exceeding the 
productivity, quality, efficiency, or sales goals as specified in a 
gainsharing, incentive bonus, commission, or performance contingent 
bonus plan''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rewarding Performance in 
Compensation Act''.

SEC. 2. REGULAR RATE FOR OVERTIME PURPOSES.

    Section 7(e) of the Fair Labor Standards Act of 1938 is amended--
            (1) by inserting before the semicolon at the end of 
        paragraph (3) the following: ``; or (d) the payments are made 
        to reward an employee or group of employees for meeting or 
        exceeding the productivity, quality, efficiency, or sales goals 
        as specified in a gainsharing, incentive bonus, commission, or 
        performance contingent bonus plan''; and
            (2) by inserting after and below paragraph (7) the 
        following:
``A plan described in paragraph (3)(d) shall be in writing and made 
available to employees, provide that the amount of the payments to be 
made under the plan be based upon a formula that is stated in the plan, 
and be established and maintained in good faith for the purpose of 
distributing to employees additional remuneration over and above the 
wages and salaries that are not dependent upon the existence of such 
plan or payments made pursuant to such plan.''.




                                                 Union Calendar No. 201

106th CONGRESS

  1st Session

                               H. R. 1381

                          [Report No. 106-358]

_______________________________________________________________________

                                 A BILL

   To amend the Fair Labor Standards Act of 1938 to provide that an 
   employee's ``regular rate'' for purposes of calculating overtime 
   compensation will not be affected by certain additional payments.

_______________________________________________________________________

                            October 1, 1999

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed