[Congressional Record Volume 143, Number 62 (Tuesday, May 13, 1997)]
[Senate]
[Pages S4397-S4398]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               THE FAMILY FRIENDLY WORKPLACE ACT OF 1997

                                 ______
                                 

                     McCAIN AMENDMENTS NOS. 246-252

  (Ordered to lie on the table.)
  Mr. McCain submitted seven amendments intended to be proposed by him 
to the bill, S. 4, supra; as follows:

                           Amendment No. 246

       On page 10, strike lines 4 through 7 and insert the 
     following:
       ``(10) In this subsection--
       ``(A) the terms `monetary overtime compensation' and 
     `compensatory time off' shall have the meanings given the 
     terms `overtime compensation' and `compensatory time', 
     respectively, by subsection (o)(7); and
       ``(B) the term `unduly disrupt the operations of the 
     employer', used with respect to the use of compensatory time 
     off by an employee of the employer, means create a situation 
     in which the absence of the employee during the time 
     requested would likely impose a burden on the business of the 
     employer that would prevent the employer from providing an 
     acceptable quality or quantity of goods or services during 
     the time requested without the services of the employee.''.
       On page 23, strike line 23 and insert the following: has 
     the meaning given the term in section 7(e).
       ``(10) Unduly disrupt the operations of the employer.--The 
     term ``unduly disrupt the operations of the employer', used 
     with respect to the use of flexible credit hours by an 
     employee of the employer, means create a situation in which 
     the absence of the employee during the time requested would 
     likely impose a burden on the business of the employer that 
     would prevent the employer from providing an acceptable 
     quality or quantity of goods or services during the time 
     requested without the services of the employee.''.
                                                                    ____


                           Amendment No. 247

       On page 10, strike lines 4 through 7 and insert the 
     following:
       ``(10) In this subsection--
       ``(A) the terms `monetary overtime compensation' and 
     `compensatory time off' shall have the meanings given the 
     terms `overtime compensation' and `compensatory time', 
     respectively, by subsection (o)(7); and
       ``(B) the term `unduly disrupt the operations of the 
     employer', used with respect to the use of compensatory time 
     off by an employee of the employer, means create a situation 
     (as determined by the employer, acting in good faith) in 
     which the absence of the employee during the time requested 
     would likely impose a burden on the business of the employer 
     that would prevent the employer from providing an acceptable 
     quality or quantity of goods or services during the time 
     requested without the services of the employee.''.
                                                                    ____


                           Amendment No. 248

       On page 23, strike line 23 and insert the following: has 
     the meaning given the term in section 7(e).
       ``(10) Unduly disrupt the operations of the employer.--The 
     term `unduly disrupt the operations of the employer', used 
     with respect to the use of flexible credit hours by an 
     employee of the employer, means create a situation (as 
     determined by the employer, acting in good faith) in which 
     the absence of the employee during the time requested would 
     likely impose a burden on the business of the employer that 
     would prevent the employer from providing an acceptable 
     quality or quantity of goods or services during the time 
     requested without the services of the employee.''.
                                                                    ____


                           Amendment No. 249

       In lieu of the matter proposed to be inserted, insert the 
     following:
       ``(10) In this subsection--
       ``(A) the terms `monetary overtime compensation' and 
     `compensatory time off' shall have the meanings given the 
     terms `overtime compensation' and `compensatory time', 
     respectively, by subsection (o)(7); and
       ``(B) the term `unduly disrupt the operations of the 
     employer', used with respect to the use of compensatory time 
     off by an employee of the employer, means create a situation 
     in which the absence of the employee during the time 
     requested would likely impose a burden on the business of the 
     employer that would prevent the employer from providing an 
     acceptable quality or quantity of goods or services during 
     the time requested without the services of the employee.''.
                                                                    ____


                           Amendment No. 250

       In lieu of the matter proposed to be inserted, insert the 
     following:

     has the measuring given the term in section 7(e).
       ``(10) Unduly disrupt the operations of the employer.--The 
     term `unduly disrupt the operations of the employer', used 
     with respect to the use of flexible credit hours by an 
     employee of the employer, means create a situation in which 
     the absence of the employee during the time requested would 
     likely impose a burden on the business of the

[[Page S4398]]

     employer that would prevent the employer from providing an 
     acceptable quality or quantity of goods or services during 
     the time requested without the services of the employee.''.
                                                                    ____


                           Amendment No. 251

       On page 10, strike lines 4 through 7 and insert the 
     following:
       ``(10) In this subsection--
       ``(A) the terms `monetary overtime compensation' and 
     `compensatory time off shall have the meanings given the 
     terms `overtime compensation' and `compensatory time', 
     respectively, by subsection (o)(7); and
       ``(B) the term `unduly disrupt the operations of the 
     employer', used with respect to the use of compensatory time 
     off by an employee of the employer, means create a situation 
     in which the absence of the employee during the time 
     requested would likely impose a burden on the business of the 
     employer that would prevent the employer from providing an 
     acceptable quality or quantity of goods or services during 
     the time requested without the services of the employee.''.
                                                                    ____


                           Amendment No. 252

       On page 23, strike line 23 and insert the following: has 
     the meaning given the term in section 7(e).
       ``(10) Unduly disrupt the operations of the employer.--The 
     term `unduly disrupt the operations of the employer', used 
     with respect to the use of flexible credit hours by an 
     employee of the employer, means create a situation in which 
     the absence of the employee during the time requested would 
     likely impose a burden on the business of the employer that 
     would prevent the employer from providing an acceptable 
     quality or quantity of goods or services during the time 
     requested without the services of the employee.''.
                                 ______
                                 

                       GRASSLEY AMENDMENT NO. 253

  (Ordered to lie on the table.)
  Mr. GRASSLEY submitted an amendment intended to be proposed by him to 
the bill, S. 4, supra; as follows:

       On page 28, after line 16, insert the following:
       (d) Protections for Claims Relating to Compensatory Time 
     Off and Flexible Credit Hours in Bankruptcy Proceedings.--
     Section 507(a)(3) of title 11, United States Code, is 
     amended--
       (1) by striking ``$4,000'' and inserting ``$6,000'';
       (2) by striking ``for--'' and inserting the following: 
     ``provided that all accrued compensatory time (as defined in 
     section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 
     207) or all accrued flexible credit hours (as defined in 
     section 13(A) of the Fair Labor Standards Act of 1938) shall 
     be deemed to have been earned within 90 days before the date 
     of the filing of the petition or the date of the cessation of 
     the debtor's business, whichever occurs first, for--''; and
       (3) in subparagraph (A), by inserting before the semicolon 
     the following: ``or the value of unused, accrued compensatory 
     time (as defined in section 7 of the Fair Labor Standards Act 
     of 1938 (29 U.S.C. 207)) or the value of unused, accrued 
     flexible credit hours (as defined in section 13A of the Fair 
     Labor Standards Act of 1938)''.

                          ____________________