[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2975 Considered and Passed Senate (CPS)]







108th CONGRESS
  2d Session
                                S. 2975

 To amend the Fair Labor Standards Act of 1938 to clarify regulations 
                   relating to overtime compensation.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 10, 2004

Mr. Harkin (for himself and Mr. Kennedy) introduced the following bill; 
   which was read twice, considered, read the third time, and passed

_______________________________________________________________________

                                 A BILL


 
 To amend the Fair Labor Standards Act of 1938 to clarify regulations 
                   relating to overtime compensation.

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

SECTION 1. CLARIFICATION OF REGULATIONS RELATING TO OVERTIME 
              COMPENSATION.

    Section 13 of the Fair Labor Standards Act of 1938 (29 U.S.C. 213) 
is amended by adding at the end the following:
    ``(k) Notwithstanding the provisions of subchapter II of chapter 5 
and chapter 7 of title 5, United States Code (commonly referred to as 
the Administrative Procedures Act) or any other provision of law, any 
portion of the final rule promulgated on April 23, 2004, revising part 
541 of title 29, Code of Federal Regulations, that exempts from the 
overtime pay provisions of section 7 any employee who would not 
otherwise be exempt if the regulations in effect on March 31, 2003 
remained in effect, shall have no force or effect and that portion of 
such regulations (as in effect on March 31, 2003) that would prevent 
such employee from being exempt shall remain in effect. Notwithstanding 
the preceding sentence, the increased salary requirements provided for 
in such final rule at section 541.600 of such title 29, shall remain in 
effect.''.
                                 <all>