[Congressional Record Volume 142, Number 55 (Thursday, April 25, 1996)]
[Senate]
[Page S4195]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CRAIG:
  S. 1709. A bill to amend the Fair Labor Standards Act of 1938 to 
adjust the maximum hour exemption for agricultural employees, and for 
other purposes; to the Committee on Labor and Human Resources.


        the water delivery organization flexibility act of 1996

  Mr. CRAIG. Mr. President, I am introducing a bill today, which this 
body previously approved as an amendment to the first bill amending the 
Fair Labor Standards Act [FLSA] that the Senate passed in 1989. This 
bill would solve a problem with the interpretation of a provision of 
the FLSA, clarifying that the maximum hour exemption for agricultural 
employees applies to water delivery organizations that supply 75 
percent or more of their water for agricultural purposes.
  Representative Mike Crapo, of the Second District of Idaho, is today 
introducing an identical bill in the other body. Our bill would restore 
an exemption that was always intended by Congress.
  Companies that deliver water for agricultural purposes are exempt 
from the maximum-hour requirements of the FLSA. The Department of Labor 
has interpreted this to mean that no amount of this water, however 
minimal, can be used for other purposes. Therefore, if even a small 
portion of the water delivered winds up being used for road watering, 
lawn and garden irrigation, livestock consumption, or construction, for 
example, delivery organizations are assessed severe penalties.
  The exemption for overtime pay requirements was placed in the FLSA to 
protect the economies of rural areas. Irrigation has never been, and 
can not be, a 40-hour-per-week undertaking. During the summer, water 
must be managed and delivered continually. Later in the year, following 
the harvest, the work load is light, consisting mainly of maintenance 
duties.
  Our bill is better for employers, workers, and farmers. Winter 
compensation and time off traditionally have been the method of 
compensating for longer summer hours. Without this exemption, 
irrigators are forced to lay off their employees in the winter. 
Therefore, our bill would benefit employees, who would continue to earn 
a year-round income. It also would keep costs level, which would 
benefit suppliers and consumers.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1709

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

     SECTION 1. AMENDMENT TO THE FAIR LABOR STANDARDS ACT OF 1938.

       Section 13(b)(12) of the Fair Labor Standards Act of 1938 
     (29 U.S.C. 213(b)(12)) is amended by inserting after 
     ``water'' the following: ``, at least 75 percent of which is 
     ultimately delivered''.

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