[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3179 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 3179

  To amend the Fair Labor Standards Act of 1938 to provide a specific 
 limited exemption from the overtime pay requirements of such Act for 
work related to disaster or catastrophe claims adjustment after a major 
                               disaster.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 25, 2013

   Mr. Hudson (for himself, Mr. Hastings of Florida, Mr. Payne, Mr. 
 McKeon, Mr. McIntyre, Mr. Bachus, Mr. Garcia, Ms. Wilson of Florida, 
 Mr. Enyart, Mr. Wilson of South Carolina, Mr. Hunter, Mr. Rooney, Ms. 
Wasserman Schultz, Mr. Salmon, Mr. Andrews, Mr. Bishop of New York, Mr. 
   Cole, and Mr. Richmond) 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 a specific 
 limited exemption from the overtime pay requirements of such Act for 
work related to disaster or catastrophe claims adjustment after a major 
                               disaster.

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

SECTION 1. LIMITED EXEMPTION FOR DISASTER OR CATASTROPHE CLAIMS 
              ADJUSTERS.

    Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) 
is amended by adding at the end the following:
    ``(s)(1) The provisions of this section shall not apply for a 
period of 2 years after the occurrence of a major disaster to any 
employee--
            ``(A) employed to adjust or evaluate claims resulting from 
        or relating to such major disaster, by an employer not engaged, 
        directly or through an affiliate, in underwriting, selling, or 
        marketing property, casualty, or liability insurance policies 
        or contracts;
            ``(B) who receives from such employer on average weekly 
        compensation of not less than $591.00 per week or any minimum 
        weekly amount established by the Secretary, whichever is 
        greater, for the number of weeks such employee is engaged in 
        any of the activities described in subparagraph (C); and
            ``(C) whose duties include any of the following:
                    ``(i) interviewing insured individuals, individuals 
                who suffered injuries or other damages or losses 
                arising from or relating to a disaster, witnesses, or 
                physicians;
                    ``(ii) inspecting property damage or reviewing 
                factual information to prepare damage estimates;
                    ``(iii) evaluating and making recommendations 
                regarding coverage or compensability of claims or 
                determining liability or value aspects of claims;
                    ``(iv) negotiating settlements; or
                    ``(v) making recommendations regarding litigation.
    ``(2) Notwithstanding any other provision of section 18, in the 
event of a major disaster, this Act exclusively shall govern all such 
employers in lieu of any State or other Federal law or regulation or 
local law or regulation, with respect to the employees described in 
paragraph (1).
    ``(3) The exemption in this subsection shall not affect the 
exemption provided by section 13(a)(1).
    ``(4) For purposes of this subsection--
            ``(A) the term `major disaster' means any natural 
        catastrophe, including any hurricane, tornado, storm, high 
        water, wind driven water, tidal wave, tsunami, earthquake, 
        volcanic eruption, landslide, mudslide, snowstorm, or drought, 
        or, regardless of cause, any other catastrophe, including fire, 
        flood, explosion, land collapse, avalanche, or pollutant or 
        chemical release;
            ``(B) the term `employee employed to adjust or evaluate 
        claims resulting from or relating to such major disaster' means 
        an individual who timely secured or secures a license required 
        by applicable law to engage in and perform the activities 
        described in clauses (i) through (v) of paragraph (1)(C) 
        relating to a major disaster, and is employed by an employer 
        that maintains worker compensation insurance coverage or 
        protection for its employees, if required by applicable law, 
        and withholds applicable Federal, State, and local income and 
        payroll taxes from the wages, salaries and any benefits of such 
        employees; and
            ``(C) the term `affiliate' means a company that, by reason 
        of ownership or control of twenty-five percent (25%) or more of 
        the outstanding shares of any class of voting securities of one 
        or more companies, directly or indirectly, controls, is 
        controlled by, or is under common control with, another 
        company.''.
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