[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5915 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 5915

  To amend the Fair Labor Standards Act to exempt marketing research 
 participants and mystery shoppers from certain provisions of that Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 7, 2012

  Mr. Kelly introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
  To amend the Fair Labor Standards Act to exempt marketing research 
 participants and mystery shoppers from certain provisions of that Act.

    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 ``Research Fairness Act of 2012''.

SEC. 2. EXEMPTION FOR MARKETING RESEARCH PARTICIPANTS AND MYSTERY 
              SHOPPERS.

    Section 13(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
213(a)) is amended by adding at the end the following new paragraph:
            ``(18)(A) any individual engaged as a participant in bona 
        fide marketing research involved in the collection and analysis 
        of data regarding opinions, needs, awareness, knowledge, views, 
        experiences, or behaviors of a population, through the 
        development and administration of surveys, interviews, focus 
        groups, polls, observation, or other research methodologies, in 
        which no sales, promotional, or marketing efforts are involved 
        and through which there is no attempt to influence a 
        participant's attitudes or behavior;
            ``(B) any individual engaged to measure or evaluate a 
        customer's experience or some aspect thereof either at a 
        defined location, or while using or purporting to use a 
        specified product or service, provided that (i) the service 
        opportunities are offered to the individual on a project-by-
        project basis, which the individual can accept or decline, and 
        (ii) the remuneration for the services the individual performs 
        is determined on a basis other than the amount of time 
        worked.''.
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