[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4396 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4396

To amend the Fair Labor Standards Act of 1938 to clarify the exemption 
 from the minimum wage and overtime compensation requirements of that 
   Act for certain construction engineering and design professionals.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 19, 2004

Mr. DeMint (for himself, Mr. Norwood, and Mrs. Musgrave) 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 clarify the exemption 
 from the minimum wage and overtime compensation requirements of that 
   Act for certain construction engineering and design professionals.

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

SECTION 1. FAIR LABOR STANDARDS ACT OF 1938.

     Section 13(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
213(a)) is amended--
            (1) in paragraph (17), by striking the period at the end 
        and inserting ``; or''; and
            (2) by adding at the end the following new paragraph:
            ``(18) any employee providing professional consulting 
        services recognized by a 4-year degree or greater, professional 
        licensure, professional certification, or at least 8 years of 
        similar work experience, if--
                    ``(A) the duties of the employee include--
                            ``(i) interpretation and adherence to 
                        design documents and applicable construction 
                        codes;
                            ``(ii) supervision during a project;
                            ``(iii) interpretation of contract 
                        requirements through analysis of specifications 
                        and drawings;
                            ``(iv) the application of a variety of 
                        testing and inspection techniques;
                            ``(v) implementation of research methods;
                            ``(vi) supervision of the inspection of 
                        materials and workmanship; or
                            ``(vii) the interpretation of engineering 
                        principles and national, State, and local 
                        construction code requirements or of 
                        established codes (such as the Uniform Building 
                        Code) set by nationally recognized standard-
                        setting organizations (such as the 
                        International Conference of Building 
                        Officials); and
                    ``(B) the services of the employee relate to the 
                preliminary or conceptual design and development, 
                design, bidding, construction, or postconstruction 
                evaluation phases of engineering, architecture, 
                landscape architecture, land and hydrographic 
                surveying, land use planning, natural, environmental, 
                and earth sciences, or construction technology.''.
                                 <all>