[Congressional Record Volume 143, Number 63 (Wednesday, May 14, 1997)]
[Senate]
[Pages S4491-S4496]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




[[Page S4491]]



                          AMENDMENTS SUBMITTED

                                 ______
                                 

               THE FAMILY FRIENDLY WORKPLACE ACT OF 1997

                                 ______
                                 

                    ABRAHAM AMENDMENTS NOS. 254-255

  (Ordered to lie on the table.)
  Mr. ABRAHAM submitted two amendments intended to be proposed by him 
to the bill (S. 4) to amend the Fair Labor Standards Act of 1938 to 
provide to private sector employees the same opportunities for time-
and-a-half compensatory time off, biweekly work programs, and flexible 
credit hour programs as Federal employees currently enjoy to help 
balance the demands and needs of work and family to clarify the 
provisions relating to exemptions of certain professionals from the 
minimum wage and overtime requirements of the Fair Labor Standards Act 
of 1938, and for other purposes, as follows:

                           Amendment No. 254

         On page 26, strike lines 2 through 9 and insert the 
     following:
         ``(g)(1) In addition to any amount that an employer is 
     liable under the second sentence of subsection (b) for a 
     violation of a provision of section 13A, an employer that 
     violates section 13A(d) shall be liable to the employee 
     affected for an additional sum equal to twice that amount.
         ``(2) The employer shall be subject to such liability in 
     addition to any other remedy available for such violation 
     under this section or section 17.''.
                                                                    ____


                           Amendment No. 255

       On page 8, strike lines 6 through 14 and insert the 
     following:
       ``(A) twice the product of--
       ``(i) the rate of compensation (determined in accordance 
     with section 7(r)(8)(A)); and
       ``(ii)(I) the number of hours of compensatory time off 
     involved in the violation that was initially accrued by the 
     employee; minus
       ``(II) the number of such hours used by the employee; and
       ``(B) as liquidated damages, twice the product of--''.
                                 ______
                                 

                       GRASSLEY AMENDMENT NO. 256

  (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:

       At the end of the bill, add the following:

     SEC. 4. APPLICATION OF LAWS TO LEGISLATIVE BRANCH.

       (a) Definitions.--In this section, the terms ``Board'', 
     ``covered employee'', and ``employing office'' have the 
     meanings given the terms in sections 101 and 203 of Public 
     Law 104-1.
       (b) Biweekly Work Programs; Flexible Credit Hour Programs; 
     Exemptions.--
       (1) In general.--The rights and protections established by 
     sections 13(m) and 13A of the Fair Labor Standards Act of 
     1938, as added by section 3, shall apply to covered 
     employees.
       (2) Remedy.--The remedy for a violation of paragraph (1) 
     shall be such remedy, including liquidated damages, as would 
     be appropriate if awarded under section 16(b) of the Fair 
     Labor Standards Act of 1938 (29 U.S.C. 216(b)), and (in the 
     case of a violation concerning section 13A(d) of such Act), 
     section 16(g)(1) of such Act (29 U.S.C. 216(g)(1)).
       (3) Administration.--The Office of Compliance shall 
     exercise the same authorities and perform the same duties 
     with respect to the rights and protections described in 
     paragraph (1) as the Office exercises and performs under 
     title III of Public Law 104-1 with respect to the rights and 
     protections described in section 203 of such law.
       (4) Procedures.--Title IV and section 225 of Public Law 
     104-1 shall apply with respect to violations of paragraph 
     (1).
       (5) Regulations.--
       (A) In general.--The Board shall, pursuant to section 304 
     of Public Law 104-1, issue regulations to implement this 
     subsection.
       (B) Agency regulations.--The regulations issued under 
     subparagraph (A) shall be the same as substantive regulations 
     promulgated by the Secretary of Labor to implement the 
     statutory provisions referred to in paragraph (1) except 
     insofar as the Board may determine, for good cause shown and 
     stated together with the regulation, that a modification of 
     the regulations would be more effective for the 
     implementation of the rights and protections under this 
     subsection.
       (c) Compensatory Time Off.--
       (1) Regulations.--The Board shall, pursuant to paragraphs 
     (1) and (2) of section 203(c), and section 304, of Public Law 
     104-1, issue regulations to implement section 203 of such law 
     with respect to section 7(r) of the Fair Labor Standards Act 
     of 1938 (29 U.S.C. 207(r)), as added by section 3(a).
       (2) Remedy.--The remedy for a violation of section 203(a) 
     of Public Law 104-1 shall be such remedy, including 
     liquidated damages, as would be appropriate if awarded under 
     section 16(b) of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 216(b)), and (in the case of a violation concerning 
     section 7(r)(6)(A) of such Act (29 U.S.C. 207(r)(6)(A))), 
     section 16(f)(1) of such Act (29 U.S.C. 216(f)(1)).
       (3) Effective date.--Subsection (a)(3), and paragraphs (3) 
     and (4) of subsection (c), of section 203 of Public Law 104-1 
     cease to be effective on the date of enactment of this Act.
       (d) Rules of Application.--For purposes of the application 
     under this section of sections 7(r) and 13A of the Fair Labor 
     Standards Act of 1938 to covered employees of an employing 
     office, a reference in such sections--
       (1) to a statement of an employee that is made, kept, and 
     preserved in accordance with section 11(c) of such Act shall 
     be considered to be a reference to a statement that is made, 
     kept in the records of the employing office, and preserved 
     until 1 year after the last day on which--
       (A) the employing office has a policy offering compensatory 
     time off, a biweekly work program, or a flexible credit hour 
     program in effect under section 7(r) or 13A of such Act, as 
     appropriate; and
       (B) the employee is subject to an agreement described in 
     section 7(r)(3) of such Act or subsection (b)(2)(A) or 
     (c)(2)(A) of section 13A of such Act, as appropriate; and
       (2) to section 9(a) of the National Labor Relations Act (29 
     U.S.C. 159(a)) shall be considered to be a reference to 
     subchapter II of chapter 71 of title 5, United States Code.
       (e) Effective Date.--
       (1) In general.--This section shall take effect, with 
     respect to the application of section 7(r), 13(m), or 13A of 
     the Fair Labor Standards Act of 1938 to covered employees, on 
     the earlier of--
       (A) the effective date of regulations promulgated by the 
     Secretary of Labor to implement such section; and
       (B) the effective date of regulations issued by the Board 
     as described in subsection (b)(5) or (c)(1) to implement such 
     section.
       (2) Construction.--A regulation promulgated by the 
     Secretary of Labor to implement section 7(r), 13(m), or 13A 
     of such Act shall be considered to be the most relevant 
     substantive executive agency regulation promulgated to 
     implement such section, for purposes of carrying out section 
     411 of Public Law 104-1.
                                 ______
                                 

                   WELLSTONE AMENDMENTS NOS. 257-264

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

                           Amendment No. 257

       Beginning on page 9, strike line 19 and all that follows 
     through page 10, line 3 and insert the following:
       ``(9)(A) An employee shall be permitted by an employer to 
     use any compensatory time off provided under paragraph (2)--
       ``(i) for any reason that qualifies for leave under--
       ``(I) section 102(a) of the Family and Medical Leave Act of 
     1993 (29 U.S.C. 2612(a)), irrespective of whether the 
     employer is covered, or the employee is eligible, under such 
     Act; or
       ``(II) an applicable State law that provides greater family 
     or medical leave rights than does the Family and Medical 
     Leave Act of 1993 (29 U.S.C. 2601 et seq.);
       ``(ii) for any reason after providing notice to the 
     employer not later than 2 weeks prior to the date on which 
     the compensatory time off is to be used, except that an 
     employee may not be permitted to use compensatory time off 
     under this clause if the use of the compensatory time off 
     will cause substantial and grievous injury to the operations 
     of the employer; or
       ``(iii) for any reason after providing notice to the 
     employer later than 2 weeks prior to the date on which the 
     compensatory time off is to be used, except that an employee 
     may not be permitted to use compensatory time off under this 
     clause if the use of the compensatory time off will unduly 
     disrupt the operations of the employer.''

                           Amendment No. 258

       On page 28, after line 16, add the following:

     SEC. 4. COMMISSION ON WORKPLACE FLEXIBILITY.

       (a) Establishment.--There is established a Commission on 
     Workplace Flexibility (referred to in this section as the 
     ``Commission'').
       (b) Membership.--The Commission shall be composed, and the 
     members of the Commission shall be appointed, in accordance 
     with paragraphs (1) and (2) of subsection (a), and subsection 
     (b), of section 303 of the Family and Medical Leave Act of 
     1993 (29 U.S.C. 2633(a) (1) and (2), and (b)).
       (c) Duties.--
       (1) Study.--The Commission shall conduct a comprehensive 
     study of the impact of this Act, and the amendments made by 
     this Act, on public and private sector employees, including 
     the impact of this Act, and the amendments made by this Act--
       (A) on the average earnings of employees, the hours of work 
     of employees, the work schedules of employees, and the 
     flexibility of scheduling work to accommodate family needs; 
     and
       (B) on the ability of employees to obtain the compensation 
     to which the employees are entitled.
       (2) Report.--
       (A) In general.--Not later than 1 year prior to the 
     termination date of the Commission prescribed by subsection 
     (e), the Commission shall prepare and submit to the 
     appropriate committees of Congress and the

[[Page S4492]]

     Secretary of Labor, a report concerning the findings of the 
     study described in paragraph (1).
       (B) Recommendations.--The report described in subparagraph 
     (A) shall include recommendations on whether--
       (i) the compensatory time provisions of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 201 et seq.) should be 
     modified or extended, including--
       (I) a recommendation on whether particular classes of 
     employees or industries should be exempted or otherwise 
     provided special treatment under the provisions; and
       (II) a recommendation on whether additional protections 
     should be provided, including additional protections for 
     employees of public agencies.
       (C) Special rule.--The Commission shall have no obligation 
     to conduct a study and issue a report pursuant to this 
     section if funds are not authorized and appropriated for that 
     purpose.
       (d) Compensation and Powers.--The compensation and powers 
     of the Commission shall be as prescribed by sections 304 and 
     305, respectively, of the Family and Medical Leave Act of 
     1993 (29 U.S.C. 2634 and 2635).
       (e) Travel Expenses.--The members of the Commission shall 
     be allowed reasonable travel expenses in accordance with 
     section 304(b) of the Family and Medical Leave Act of 1993 
     (29 U.S.C. 2634(b)).
       (f) Termination.--The Commission shall terminate 4 years 
     after the date of enactment of this Act.

     SEC. 5. CESSATION OF EFFECTIVENESS.

       This Act, and the amendments made by this Act, cease to be 
     effective 4 years after the date of enactment of this Act.
                                                                    ____


                           Amendment No. 259

       On page 10, strike lines 4 through 7 and insert the 
     following:
       ``(10) In a case in which an employee uses accrued 
     compensatory time off under this subsection, the accrued 
     compensatory time off used shall be considered as hours 
     worked during the applicable workweek or other work period 
     for the purposes of overtime compensation and calculation of 
     entitlement to employment benefits.
       ``(11)(A) The term `compensatory time off' means the hours 
     during which an employee is not working and for which the 
     employee is compensated in accordance with this subsection in 
     lieu of monetary overtime compensation.
       ``(B) The term `monetary overtime compensation' means the 
     compensation required by subsection (a).''.
                                                                    ____


                           Amendment No. 260

       On page 10, strike line 4, and insert the following:
       ``(10) The entire liquidated value of an employee's 
     accumulated compensatory time, calculated as provided for in 
     this subsection, shall, for purposes of proceedings in 
     bankruptcy under title 11, United States Code, be treated as 
     unpaid wages earned by the individual as of--
       ``(A) the date the employer was or becomes legally or 
     contractually obligated to provide monetary compensation to 
     the employee for the compensatory time; or
       ``(B) if the employer was not legally or contractually 
     obligated to provide such monetary compensation prior to 
     ceasing to do business, the date of ceasing to do business.
       ``(11) The terms `monetary overtime compensation' ''.
                                                                    ____


                           Amendment No. 261

       Beginning on page 3, strike lines 15 through 23 and insert 
     the following:
       ``(B) In this subsection:
       ``(i) The term `employee' does not include--
       ``(I) an employee of a public agency;
       ``(II) an employee who is a part-time employee;
       ``(III) an employee who is a temporary employee; and
       ``(IV) an employee who is a seasonal employee.
       ``(ii) The term `employer' does not include--
       ``(I) a public agency; and
       ``(II) an employer in the garment industry.
       ``(iii) The term `employer in the garment industry' means 
     an employer who is involved in the manufacture of apparel.
       ``(iv) The term `part-time employee' means an employee 
     whose regular workweek for the employer involved is less than 
     35 hours per week.
       ``(v) The term `seasonal employee' means an employee in--
       ``(I) the construction industry;
       ``(II) agricultural employment (as defined by section 3(3) 
     of the Migrant and Seasonal Agricultural Worker Protection 
     Act (29 U.S.C. 1802(3))); or
       ``(III) any other industry that the Secretary by regulation 
     determines is a seasonal industry.
       ``(vi) The term `temporary employee' means an employee who 
     is employed by an employer for a season or other term of less 
     than 12 months, or is otherwise treated by the employer as 
     not a permanent employee of the employer.''
                                                                    ____


                           Amendment No. 262

       Beginning on page 10, strike line 17 and all that follows 
     through page 26, line 18.
                                                                    ____


                           Amendment No. 263

       On page 28, after line 16, add the following:

     SEC. 4. EFFECTIVE DATE.

       This Act shall not take effect until the Secretary of 
     Labor--
       (1) makes a written determination that the aggregate number 
     of complaints that are subject to investigation by the Wage 
     and Hour Division of the Employment Standards Administration 
     of the Department of Labor and unresolved by the Secretary of 
     Labor for the year involved is less than 10 percent of the 
     aggregate number of all complaints that are subject to 
     investigation by the Wage and Hour Division of the Employment 
     Standards Administration of the Department of Labor for the 
     preceding calendar year; and
       (2) submits the determination to the appropriate committees 
     of Congress.
                                                                    ____


                           Amendment No. 264

       At the appropriate place, insert the following:

     SEC. ____. BATTERED WOMEN'S FAMILY LEAVE AND SAFETY.

       (a) Reference.--whenever in this section an amendment or 
     repeal is expressed in terms of an amendment to, or repeal 
     of, a section or other provision, the reference shall be 
     considered to be made to a section or other provision of the 
     Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et 
     seq.).
       (b) Findings and Purposes.--
       (1) Findings.--Congress finds that--
       (A) violence against women is the leading cause of physical 
     injury to women, and the department of justice estimates that 
     intimate partners commit more than 1,000,000 violent crimes 
     against women every year;
       (B) approximately 95 percent of the victims of domestic 
     violence are women;
       (C) in the united states, a woman is more likely to be 
     assaulted, injured, raped, or killed by a male partner than 
     by any other type of assailant;
       (D) the bureau of labor statistics predicts that women will 
     account for two-thirds of all new entrants into the workforce 
     between now and the year 2000;
       (E) violence against women dramatically affects women's 
     workforce participation, insofar as one-quarter of the 
     battered women surveyed had lost a job due at least in part 
     to the effects of domestic violence, and over one-half had 
     been harassed by their abuser at work;
       (F) a study by Domestic Violence Intervention Services, Inc 
     found that 96 percent of employed domestic violence victims 
     had some type of problem in the workplace as a direct result 
     of their abuse or abuser;
       (G) the availability of economic support is a critical 
     factor in a women's ability to leave abusive situations that 
     threaten them and their children, and over one-half of the 
     battered women surveyed stayed with their batterers because 
     they lacked resources to support themselves and their 
     children;
       (H) a report by the New York City victims services agency 
     found that abusive spouses and lovers harass 74 percent of 
     battered women at work, 54 percent of battering victims miss 
     at least 3 days of work per month, 56 percent are late for 
     work at least 5 times per month, and a University of 
     Minnesota study found that 24 percent of women in support 
     groups for battered women had lost a job partly because of 
     being abused;
       (I) 49 percent of senior executives recently surveyed said 
     domestic violence has a harmful effect on their company's 
     productivity, 47 percent said domestic violence negatively 
     affects attendance, and 44 percent said domestic violence 
     increases health care costs, and the bureau of national 
     affairs estimates that domestic violence costs employers 
     between $3,000,000,000 and $5,000,000,000 per year; and
       (J) existing federal and state legislation does not 
     expressly authorize battered women to take leave from work to 
     seek legal assistance and redress, counseling, or assistance 
     with safety planning and activities.
       (2) Purposes.--Pursuant to the affirmative power of 
     congress to enact this section under section 5 of the 
     Fourteenth Amendment to the Constitution, as well as under 
     clause 1 of section 8 of article I of the Constitution and 
     clause 3 of section 8 of article I of the Constitution, the 
     purposes of this section are--
       (A) to promote the national interest in reducing domestic 
     violence by enabling victims of domestic violence to maintain 
     the financial independence necessary to leave abusive 
     situations, to achieve safety and minimize the physical and 
     emotional injuries from domestic violence, and to reduce the 
     devastating economic consequences of domestic violence to 
     employers and employees, by entitling employed victims of 
     domestic violence to take reasonable leave under the Family 
     and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.) to 
     seek medical help, legal assistance, counseling, and safety 
     planning and assistance without penalty from their employer;
       (B) to promote the purposes of the Fourteenth Amendment by 
     protecting the civil and economic rights of victims of 
     domestic violence and by furthering the equal opportunity of 
     women to employment and economic self-sufficiency;
       (C) to minimize the negative impact on interstate commerce 
     from dislocations of employees and harmful effects on 
     productivity, health care costs, and employer costs from 
     domestic violence; and
       (D) to accomplish the purposes described in subparagraphs 
     (A) , (B) and (C) in a manner that accommodates the 
     legitimate interests of employers.
       (c) Entitlement to Leave for Domestic Violence.--
       (1) Authority for leave.--Section 102(a)(1) (29 U.S.C. 
     2612(a)(1)) is amended by adding at the end the following:

[[Page S4493]]

       ``(A) In order to care for the child or parent of the 
     employee, if such child or parent is addressing domestic 
     violence and its effects.
       ``(B) Because the employee is addressing domestic violence 
     and its effects, the employee is unable to perform any of the 
     functions of the position of such employee.''.
       (2) Definition.--section 101 (29 U.S.C. 2611) is amended by 
     adding at the end the following:
       ``(14) Addressing domestic violence and its effects.--The 
     term `addressing domestic violence and its effects' means--
       ``(A) experiencing domestic violence;
       ``(B) seeking medical attention for or recovering from 
     injuries caused by domestic violence;
       ``(C) seeking legal assistance or remedies, including 
     communicating with the police or an attorney, or 
     participating in any legal proceeding related to domestic 
     violence;
       ``(D) attending support groups for victims of domestic 
     violence;
       ``(E) obtaining psychological counseling related to 
     experiences of domestic violence;
       ``(F) participating in safety planning and other actions to 
     increase safety from future domestic violence, including 
     temporary or permanent relocation; and
       ``(G) any other activity necessitated by domestic violence 
     which must be undertaken during hours of employment.''.
       (3) Intermittent or reduced leave.--Section 102(b) (29 
     U.S.C. 2612(b)) is amended by adding at the end the 
     following:
       ``(3) Domestic violence.--Leave under subparagraph (E) or 
     (F) of subsection (a)(1) may be taken by an employee 
     intermittently or on a reduced leave schedule. The taking of 
     leave intermittently or on a reduced leave schedule pursuant 
     to this paragraph shall not result in a reduction in the 
     total amount of leave to which the employee is entitled under 
     subsection (a) beyond the amount of leave actually taken.''.
       (4) Paid leave.--Section 102(d)(2)(B) (29 U.S.C. 
     2612(d)(2)(B)) is amended by striking ``(C) or (D)'' and 
     inserting ``(C), (D), (E), or (F)''.
       (5) Certification.--section 103 (29 U.S.C. 2613) is amended 
     by redesignating subsection (e) as subsection (f) and by 
     inserting after subsection (d) the following:
       ``(e) Domestic Violence.--In determining if an employee 
     meets the requirements of subparagraph (E) or (F) of section 
     102(a)(1), the employer of an employee may require the 
     employee to provide--
       ``(1) documentation of the domestic violence, such as 
     police or court records, or documentation of the domestic 
     violence from a shelter worker, attorney, clergy, or medical 
     or other professional from whom the employee has sought 
     assistance in addressing domestic violence and its effects; 
     or
       ``(2) other corroborating evidence, such as a statement 
     from any other individual with knowledge of the circumstances 
     which provide the basis for the claim, or physical evidence 
     of domestic violence, such as photographs, torn or bloody 
     clothes, etc.''.
       (6) Confidentiality.--section 103 (29 U.S.C. 2613), as 
     amended by subsection (e), is amended--
       (A) in the title by adding before the period the following: 
     ``; CONFIDENTIALITY''; and
       (B) by adding at the end the following:
       ``(f) Confidentiality.--all evidence of domestic violence 
     experienced by an employee or the employee's child or parent, 
     including an employee's statement, any corroborating 
     evidence, and the fact that an employee has requested leave 
     for the purpose of addressing domestic violence and its 
     effects, shall be retained in the strictest confidence by the 
     employer, except to the extent consented to by the employee 
     where disclosure is necessary to protect the employee's 
     safety.''.
       (d) Entitlement to Leave for Federal Employees for Domestic 
     Violence.--
       (1) Authority for leave.--Section 6382 of title 5, United 
     States Code is amended by adding at the end the following:
       ``(E) In order to care for the child or parent of the 
     employee, if such child or parent is addressing domestic 
     violence and its effects.
       ``(F) Because the employee is addressing domestic violence 
     and its effects, the employee is unable to perform any of the 
     functions of the position of such employee.''.
       (2) Definition.--section 6381 of title 5, united states 
     code is amended--
       (A) by striking ``and'' at the end of paragraph (5);
       (B) by striking the period at the end of paragraph (6) and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(7) the term `addressing domestic violence and its 
     effects' means--
       ``(A) experiencing domestic violence;
       ``(B) seeking medical attention for or recovering from 
     injuries caused by domestic violence;
       ``(C) seeking legal assistance or remedies, including 
     communicating with the police or an attorney, or 
     participating in any legal proceeding related to domestic 
     violence;
       ``(D) attending support groups for victims of domestic 
     violence;
       ``(E) obtaining psychological counseling related to 
     experiences of domestic violence;
       ``(F) participating in safety planning and other actions to 
     increase safety from future domestic violence, including 
     temporary or permanent relocation; and
       ``(G) any other activity necessitated by domestic violence 
     which must be undertaken during hours of employment.''.
       (3) Intermittent or reduced leave.--Section 6382(b) of 
     title 5, United States Code, is amended by adding at the end 
     the following:
       ``(3) Leave under subparagraph (E) or (F) of subsection 
     (a)(1) may be taken by an employee intermittently or on a 
     reduced leave schedule. The taking of leave intermittently or 
     on a reduced leave schedule pursuant to this paragraph shall 
     not result in a reduction in the total amount of leave to 
     which the employee is entitled under subsection (a) beyond 
     the amount of leave actually taken.''.
       (4) Other leave.--Section 6382(d) of title 5, United States 
     Code, is amended by striking ``(C) or (D)'' and inserting 
     ``(C), (D), (E), or (F)''.
       (5) Certification.--section 6383 of title 5, united states 
     code, is amended by redesignating subsection (e) as 
     subsection (f) and by inserting after subsection (d) the 
     following:
       ``(e) Domestic Violence.--In determining if an employee 
     meets the requirements of subparagraph (E) or (F) of section 
     6382(a)(1), the employer of an employee may require the 
     employee to provide--
       ``(1) documentation of the domestic violence, such as 
     police or court records, or documentation of the domestic 
     violence from a shelter worker, attorney, clergy, or medical 
     or other professional from whom the employee has sought 
     assistance in addressing domestic violence and its effects; 
     or
       ``(2) other corroborating evidence, such as a statement 
     from any other individual with knowledge of the circumstances 
     which provide the basis for the claim, or physical evidence 
     of domestic violence, such as photographs, torn or bloody 
     clothes, etc.''.
       (6) Confidentiality.--section 6383 of title 5, united 
     states code, as amended by subsection (e), is amended--
       (A) in the title by adding before the period the following: 
     ``; confidentiality'', and
       (B) by adding at the end the following:
       ``(g) Confidentiality.--All evidence of domestic violence 
     experienced by an employee or the employee's child or parent, 
     including an employee's statement, any corroborating 
     evidence, and the fact that an employee has requested leave 
     for the purpose of addressing domestic violence and its 
     effects, shall be retained in the strictest confidence by the 
     employer, except to the extent consented to by the employee 
     where disclosure is necessary to protect the employee's 
     safety.''.
       (e) Effect on Other Laws and Employment Benefits.--
       (1) More protective.--Nothing in this section or the 
     amendments made by this section shall be construed to 
     supersede any provision of any Federal, State or local law, 
     collective bargaining agreement, or other employment benefit 
     program which provides leave benefits for employed victims of 
     domestic violence than the rights established under this 
     section or such amendments.
       (2) Less protective.--The rights established for employees 
     under this section or the amendments made by this section 
     shall not be diminished by any collective bargaining 
     agreement, any employment benefit program or plan, or any 
     State or local law.
       (f) Effective Date.--This section and the amendments made 
     by this section shall take effect upon the expiration of 180 
     days from the date of the enactment of this section.
                                 ______
                                 

                        GORTON AMENDMENT NO. 265

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

       Beginning on page 10, strike line 8 and all that follows 
     through page 10, line 6 and insert the following: 
     ``subsection (o)(8).''.
       (4) Application of the coercion and remedies provisions to 
     employees of state agencies.--Section 7(o) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 207(o)) is amended--
       (A) in paragraph (7), by striking ``(7) For'' and inserting 
     ``(8) For''; and
       (B) by inserting after paragraph (6), the following:
       ``(7)(A) The provisions relating to the prohibition of 
     coercion under subsection (r)(6)(A) shall apply to an 
     employee and employer described in this subsection to the 
     same extent the provisions apply to an employee and employer 
     described in subsection (r).
       ``(B)(i) Except as provided in clause (ii), the remedies 
     under section 16(f) shall be made available to an employee 
     described in this subsection to the same extent the remedies 
     are made available to an employee described in subsection 
     (r).
       ``(ii) In calculating the amount an employer described in 
     this subsection would be liable for under section 16(f) to an 
     employee described in this subsection, the Secretary shall, 
     in lieu of applying the rate of compensation in the formula 
     described in section 16(f), apply the rate of compensation 
     described in paragraph (3)(B).''.
       (5) Notice to employees.--Not later than 30 days after the 
     date of enactment of this Act, the Secretary of Labor shall 
     revise the materials the Secretary provides, under 
     regulations contained in section 516.4 of title 29, Code of 
     Federal Regulations, to employers for purposes of a notice 
     explaining the Fair Labor Standards Act of 1938 to employees 
     so that the notice reflects the amendments made to the Act by 
     this subsection.
                                 ______
                                 

                 BAUCUS (AND OTHERS) AMENDMENT NO. 266

  (Ordered to lie on the table.)
  Mr. BAUCUS (for himself, Mr. Kerrey, and Ms. Landrieu) submitted an 
amendment intended to be proposed by them to the bill, S. 4, supra; as 
follows:


[[Page S4494]]


       Beginning on page 1, strike line 3 and all that follows 
     through page 28, line 16 and insert the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Family-Friendly Workplace 
     Act of 1997''.

     SEC. 2. APPLICATION TO CERTAIN EMPLOYEES IN THE PRIVATE 
                   SECTOR.

       Section 7 of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 207) is amended by adding at the end the following:
       ``(r)(1) An employee who is not a part-time, temporary, or 
     seasonal employee (as defined in paragraph (13)(C)), who is 
     not an employee of a public agency or of an employer in the 
     garment industry, and who is not otherwise exempted from this 
     subsection by regulations promulgated by the Secretary under 
     paragraph (3)(D), may receive, in accordance with this 
     subsection and in lieu of overtime compensation, compensatory 
     time at a rate not less than 1\1/2\ hours for each hour of 
     employment for which overtime compensation is required by 
     this section.
       ``(2) An employer may provide compensatory time to an 
     eligible employee under paragraph (1) only--
       ``(A) pursuant to--
       ``(i) applicable provisions of a collective bargaining 
     agreement, memorandum of understanding, or any other written 
     agreement between the employer and the representative of the 
     employee; or
       ``(ii) in the case of an employee who is not represented by 
     a collective bargaining agent or other representative 
     designated by the employee, a plan adopted by the employer 
     and provided in writing to the employees of the employer 
     which provides employees with a voluntary option to receive 
     compensatory time in lieu of overtime compensation for 
     overtime work where there is an express, voluntary written 
     request by an individual employee for compensatory time in 
     lieu of overtime compensation, provided to the employer prior 
     to the performance of any overtime assignment;
       ``(B) if the employee has not earned compensatory time in 
     excess of the applicable limit prescribed by paragraph (3)(A) 
     or in regulations issued by the Secretary under paragraph 
     (3)(D);
       ``(C) if the employee is not required as a condition of 
     employment to accept or request compensatory time; and
       ``(D) if the agreement or plan complies with the 
     requirements of this subsection and the regulations 
     promulgated by the Secretary thereunder, including the 
     availability of compensatory time to similarly situated 
     employees on an equal basis.
       ``(3)(A) An employee may earn not more than a total of 80 
     hours of compensatory time in any year or alternative 12-
     month period designated pursuant to subparagraph (C). The 
     employer shall regularly report to the employee on the number 
     of compensatory hours earned by the employee and the total 
     amount of the employee's earned and unused compensatory time, 
     in accordance with regulations issued by the Secretary of 
     Labor.
       ``(B) Upon the request of an employee who has earned 
     compensatory time, the employer shall, within 15 days after 
     the request, provide monetary compensation for any such 
     compensatory time at a rate not less than the regular rate 
     earned by the employee at the time the employee performed the 
     overtime work or the employee's regular rate at the time such 
     monetary compensation is paid, whichever is higher.
       ``(C) Not later than January 31 of each calendar year, an 
     employer shall provide monetary compensation to each employee 
     of the employer for any compensatory time earned during the 
     preceding calendar year for which the employee has not 
     already received monetary compensation (either through 
     compensatory time or cash payment) at a rate not less than 
     the regular rate earned by the employee at the time the 
     employee performed the overtime work or the employee's 
     regular rate at the time such monetary compensation is paid, 
     whichever is higher. An agreement or plan under paragraph (2) 
     may designate a 12-month period other than the calendar year, 
     in which case such monetary compensation shall be provided 
     not later than 31 days after the end of such 12-month period. 
     An employee may voluntarily, at the employee's own 
     initiative, request in writing that such end-of-year payment 
     of monetary compensation for earned compensatory time be 
     delayed for a period not to exceed 3 months. This 
     subparagraph shall have no effect on the limit on earned 
     compensatory time set forth in subparagraph (A) or in 
     regulations issued by the Secretary pursuant to subparagraph 
     (D).
       ``(D) The Secretary may promulgate regulations regarding 
     classes of employees, including but not limited to all 
     employees in particular occupations or industries, to--
       ``(i) exempt such employees from the provisions of this 
     subsection;
       ``(ii) limit the number of compensatory hours that such 
     employees may earn to less than the number provided in 
     subparagraph (A); or
       ``(iii) require employers to provide such employees with 
     monetary compensation for earned compensatory time at more 
     frequent intervals than specified in subparagraph (C);

     where the Secretary has determined that such regulations are 
     necessary or appropriate to protect vulnerable employees, 
     where a pattern of violations of this Act may exist, or to 
     ensure that employees receive the compensation due them.
       ``(4) An employee who has earned compensatory time 
     authorized to be provided under paragraph (1) shall, upon the 
     voluntary or involuntary termination of employment or upon 
     expiration of this subsection, be paid for unused 
     compensatory time at a rate of compensation not less than the 
     regular rate earned by the employee at the time the employee 
     performed the overtime work or the employee's regular rate at 
     the time such monetary compensation is paid, whichever is 
     higher. A terminated employee's receipt of, or eligibility to 
     receive, monetary compensation for earned compensatory time 
     shall not be used--
       ``(A) by the employer to oppose an application of the 
     employee for unemployment compensation; or
       ``(B) by a State to deny unemployment compensation or 
     diminish the entitlement of the employee to unemployment 
     compensation benefits.
       ``(5) An employee shall be permitted to use any 
     compensatory time earned pursuant to paragraph (1)--
       ``(A) for any reason that would qualify for leave under 
     section 102(a) of the Family and Medical Leave Act of 1993 
     (29 U.S.C. 2612(a)), or any comparable State law, 
     irrespective of whether the employer is covered or the 
     employee is eligible under such Act or law; or
       ``(B) for any other purpose--
       ``(i) upon notice to the employer at least 2 weeks prior to 
     the date on which the compensatory time is to be used, unless 
     use of the compensatory time at that time will cause 
     substantial and grievous injury to the operations of the 
     employer; or
       ``(ii) upon notice to the employer within the 2 weeks prior 
     to the date on which the compensatory time is to be used, 
     unless use of the compensatory time at that time will unduly 
     disrupt the operations of the employer.

     An employee's use of earned compensatory time may not be 
     substituted by the employer for any other paid or unpaid 
     leave or time off to which the employee otherwise is or would 
     be entitled or has or would earn, nor satisfy any legal 
     obligation of the employer to the employee pursuant to any 
     law or contract.
       ``(6) An employee shall not be required by the employer to 
     use any compensatory time earned pursuant to paragraph (1).
       ``(7)(A) When an employee receives monetary compensation 
     for earned compensatory time, the monetary compensation shall 
     be treated as compensation for hours worked for purposes of 
     calculation of entitlement to employment benefits.
       ``(B) When an employee uses earned compensatory time, the 
     employee shall be paid for the compensatory time at the 
     employee's regular rate at the time the employee performed 
     the overtime work or at the regular rate earned by the 
     employee when the compensatory time is used, whichever is 
     higher, and the hours for which the employee is so 
     compensated shall be treated as hours worked during the 
     applicable workweek or other work period for purposes of 
     overtime compensation and calculation of entitlement to 
     employment benefits.
       ``(8) Except in a case of a collective bargaining 
     agreement, an employer may modify or terminate a compensatory 
     time plan described in paragraph (2)(A)(ii) upon not less 
     than 60 days' notice to the employees of the employer.
       ``(9) An employer may not pay monetary compensation in lieu 
     of earned compensatory time except as expressly prescribed in 
     this subsection.
       ``(10) It shall be an unlawful act of discrimination, 
     within the meaning of section 15(a)(3), for an employer--
       ``(A) to discharge, or in any other manner penalize, 
     discriminate against, or interfere with, any employee because 
     such employee may refuse or has refused to request or accept 
     compensatory time in lieu of overtime compensation, or 
     because such employee may request to use or has used 
     compensatory time in lieu of receiving overtime compensation;
       ``(B)(i) to request, directly or indirectly, that an 
     employee accept compensatory time in lieu of overtime 
     compensation;
       ``(ii) to require an employee to request such compensatory 
     time as a condition of employment or as a condition of 
     employment rights or benefits; or
       ``(iii) to qualify the availability of work for which 
     overtime compensation is required upon an employee's request 
     for or acceptance of compensatory time in lieu of overtime 
     compensation; or
       ``(C) to deny an employee the right to use, or force an 
     employee to use, earned compensatory time in violation of 
     this subsection.
       ``(11) An employer who violates any provision of this 
     subsection shall be liable, in an action brought pursuant to 
     subsection (b) or (c) of section 16, in the amount of 
     overtime compensation that would have been paid for the 
     overtime hours worked or overtime hours that would have been 
     worked, plus an additional equal amount as liquidated 
     damages, such other legal or equitable relief as may be 
     appropriate to effectuate the purpose of this section, costs, 
     and, in the case of an action filed under section 16(b), 
     reasonable attorney's fees. Where an employee has used 
     compensatory time or received monetary compensation for 
     earned compensatory time for such overtime hours worked, the 
     amount of such time used or monetary compensation paid to the 
     employee shall be offset against the liability of the 
     employer under this paragraph, but not against liquidated 
     damages due.
       ``(12)(A) The entire liquidated value of an employee's 
     accumulated compensatory time,

[[Page S4495]]

     calculated as provided for in this subsection, shall, for 
     purposes of proceedings in bankruptcy under title 11, United 
     States Code, be treated as unpaid wages earned by the 
     individual--
       ``(i) if the date the employer was or becomes legally or 
     contractually obligated to provide monetary compensation to 
     the employee for the compensatory time was more than 90 days 
     before the cessation of business, as if such date was within 
     90 days before the cessation of business by the employer;
       ``(ii) if the date the employer was or becomes legally or 
     contractually obligated to provide such monetary compensation 
     was within 90 days before the cessation of business by the 
     employer, as of such date; or
       ``(iii) if the employer was not legally or contractually 
     obligated to provide such monetary compensation prior to 
     ceasing to do business, as of the date of ceasing to do 
     business.
       ``(B) The amount of such monetary compensation shall not be 
     limited by any ceiling on the dollar amount of wage claims 
     provided under Federal law for such proceedings.
       ``(13) In this subsection--
       ``(A) the term `overtime compensation' means the 
     compensation required by subsection (a);
       ``(B) the term `compensatory time' means hours during which 
     an employee is not working and for which the employee is 
     compensated in accordance with this subsection in lieu of 
     overtime compensation;
       ``(C) the term `part-time, temporary, or seasonal employee' 
     means--
       ``(i) an employee whose regular workweek for the employer 
     is less than 35 hours per week;
       ``(ii) an employee who is employed by the employer for a 
     season or other term of less than 12 months or is otherwise 
     treated by the employer as not a permanent employee of the 
     employer; or
       ``(iii) an employee in the construction industry, in 
     agricultural employment (as defined in section 3(3) of the 
     Migrant and Seasonal Agricultural Worker Protection Act (29 
     U.S.C. 1802(3))), or in any other industry which the 
     Secretary by regulation has determined is a seasonal 
     industry; and
       ``(D) the term `overtime assignment' means an assignment of 
     hours for which overtime compensation is required under this 
     section.
       ``(14) The Secretary may issue regulations as necessary and 
     appropriate to implement this subsection including, but not 
     limited to, regulations implementing recordkeeping 
     requirements and prescribing the content of plans and 
     employee notification.''.

     SEC. 3. CIVIL MONEY PENALTIES.

       Section 16(e) of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 216(e)) is amended by striking the second sentence and 
     inserting the following: ``Any person who violates section 6, 
     7, or 11(c) shall be subject to a civil penalty not to exceed 
     $1,000 for each such violation.''.

     SEC. 4. CONSTRUCTION.

       Section 18 of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 218) is amended by adding at the end the following:
       ``(c)(1) No provision of this Act or of any order 
     thereunder shall be construed to--
       ``(A) supersede any provision of any State or local law 
     that provides greater protection to employees who are 
     provided compensatory time in lieu of overtime compensation;
       ``(B) diminish the obligation of an employer to comply with 
     any collective bargaining agreement or any employment benefit 
     program or plan that provides greater protection to employees 
     provided compensatory time in lieu of overtime compensation; 
     or
       ``(C) discourage employers from adopting or retaining 
     compensatory time plans that provide more protection to 
     employees.
       ``(2) Nothing in this subsection shall be construed to 
     allow employers to provide compensatory time plans to classes 
     of employees who are exempted from section 7(r), to allow 
     employers to provide more compensatory time than allowed 
     under subsection (o) or (r) of section 7, or to supersede any 
     limitations placed by subsection (o) or (r) of section 7, 
     including exemptions and limitations in regulations issued by 
     the Secretary thereunder.''.

     SEC. 5. COMMISSION ON WORKPLACE FLEXIBILITY.

       (a) Establishment.--There is established a Commission on 
     Workplace Flexibility (referred to in this section as the 
     ``Commission'').
       (b) Membership; Compensation; Powers; Travel Expenses.--The 
     Commission shall be composed, and the members of the 
     Commission shall be appointed, in accordance with paragraphs 
     (1) and (2) of subsection (a), and subsection (b) of section 
     303 of the Family and Medical Leave Act of 1993 (29 U.S.C. 
     2633(a)(1) and (2) and (b)). The compensation and powers of 
     the Commission shall be as prescribed by sections 304 and 
     305, respectively, of such Act (29 U.S.C. 2634 and 2635). The 
     members of the Commission shall be allowed reasonable travel 
     expenses in accordance with section 305(b) of such Act (29 
     U.S.C. 2635(b)).
       (c) Duties.--
       (1) Study.--The Commission shall conduct a comprehensive 
     study of the impact of the provision of compensatory time on 
     public and private sector employees, including the impact of 
     this Act--
       (A) on average earnings of employees, hours of work of 
     employees, work schedules of employees, and flexibility of 
     scheduling work to accommodate family needs; and
       (B) on the ability of vulnerable employees or other 
     employees to obtain the compensation to which the employees 
     are entitled.
       (2) Report.--
       (A) In general.--A report concerning the findings of the 
     study described in paragraph (1) shall be prepared and 
     submitted to the appropriate committees of Congress and to 
     the Secretary not later than 1 year prior to the expiration 
     of this title.
       (B) Recommendations.--The report described in subparagraph 
     (A) shall include recommendations on whether--
       (i) the compensatory time provisions of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 201 et. seq.) should be 
     modified or extended, including--

       (I) a recommendation on whether particular classes of 
     employees or industries should be exempted or otherwise given 
     special treatment under the provisions;
       (II) a recommendation on whether additional protections 
     should be provided, including additional protections to 
     employees of public agencies; and
       (III) a recommendation on whether the provisions should be 
     applied to any category of exempt employees.

       (C) Special rule.--The Commission shall have no obligation 
     to conduct a study and prepare and submit a report pursuant 
     to this section if funds are not authorized and appropriated 
     for that purpose.

     SEC. 6. EFFECTIVE DATE; CESSATION OF EFFECTIVENESS.

       (a) Effective Date.--The provisions of this title, and the 
     amendments made by this title, shall become effective 6 
     months after the date of enactment of this Act.
       (b) Cessation of Effectiveness.--The provisions of this 
     title, and the amendments made by this title, shall cease to 
     be effective 4 years after the date of enactment of this Act.
                                 ______
                                 

                    KENNEDY AMENDMENTS NOS. 267-274

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

                           Amendment No. 267

       Beginning on page 9, strike line 19 and all that follows 
     through page 10, line 3 and insert the following:
       ``(9)(A) An employee shall be permitted by an employer to 
     use any compensatory time off provided under paragraph (2)--
       ``(i) for any reason that qualifies for leave under--
       ``(I) section 102(a) of the Family and Medical Leave Act of 
     1993 (29 U.S.C. 2612(a)), irrespective of whether the 
     employer is covered, or the employee is eligible, under such 
     Act; or
       ``(II) an applicable State law that provides greater family 
     or medical leave rights than does the Family and Medical 
     Leave Act of 1993 (29 U.S.C. 2601 et seq.);
       ``(ii) for any reason after providing notice to the 
     employer not later than 2 weeks prior to the date on which 
     the compensatory time off is to be used, except that an 
     employee may not be permitted to use compensatory time off 
     under this clause if the use of the compensatory time off 
     will cause substantial and grievous injury to the operations 
     of the employer; or
       ``(iii) for any reason after providing notice to the 
     employer later than 2 weeks prior to the date on which the 
     compensatory time off is to be used, except that an employee 
     may not be permitted to use compensatory time off under this 
     clause if the use of the compensatory time off will unduly 
     disrupt the operations of the employer.''
                                                                    ____


                           Amendment No. 268

       On page 28, after line 16, add the following:

     SEC. 4. COMMISSION ON WORKPLACE FLEXIBILITY.

       (a) Establishment.--There is established a Commission on 
     Workplace Flexibility (referred to in this section as the 
     ``Commission'').
       (b) Membership.--The Commission shall be composed, and the 
     members of the Commission shall be appointed, in accordance 
     with paragraphs (1) and (2) of subsection (a), and subsection 
     (b), of section 303 of the Family and Medical Leave Act of 
     1993 (29 U.S.C. 2633(a) (1) and (2), and (b)).
       (c) Duties.--
       (1) Study.--The Commission shall conduct a comprehensive 
     study of the impact of this Act, and the amendments made by 
     this Act, on public and private sector employees, including 
     the impact of this Act, and the amendments made by this Act--
       (A) on the average earnings of employees, the hours of work 
     of employees, the work schedules of employees, and the 
     flexibility of scheduling work to accommodate family needs; 
     and
       (B) on the ability of employees to obtain the compensation 
     to which the employees are entitled.
       (2) Report.--
       (A) In general.--Not later than 1 year prior to the 
     termination date of the Commission prescribed by subsection 
     (e), the Commission shall prepare and submit to the 
     appropriate committees of Congress and the Secretary of 
     Labor, a report concerning the findings of the study 
     described in paragraph (1).

[[Page S4496]]

       (B) Recommendations.--The report described in subparagraph 
     (A) shall include recommendations on whether--
       (i) the compensatory time provisions of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 201 et seq.) should be 
     modified or extended, including--
       (I) a recommendation on whether particular classes of 
     employees or industries should be exempted or otherwise 
     provided special treatment under the provisions; and
       (II) a recommendation on whether additional protections 
     should be provided, including additional protections for 
     employees of public agencies.
       (C) Special rule.--The Commission shall have no obligation 
     to conduct a study and issue a report pursuant to this 
     section if funds are not authorized and appropriated for that 
     purpose.
       (d) Compensation and Powers.--The compensation and powers 
     of the Commission shall be as prescribed by sections 304 and 
     305, respectively, of the Family and Medical Leave Act of 
     1993 (29 U.S.C. 2634 and 2635).
       (e) Travel Expenses.--The members of the Commission shall 
     be allowed reasonable travel expenses in accordance with 
     section 304(b) of the Family and Medical Leave Act of 1993 
     (29 U.S.C. 2634(b)).
       (f) Termination.--The Commission shall terminate 4 years 
     after the date of enactment of this Act.

     SEC. 5. CESSATION OF EFFECTIVENESS.

       This Act, and the amendments made by this Act, cease to be 
     effective 4 years after the date of enactment of this Act.
                                                                    ____


                           Amendment No. 269

       On page 10, strike lines 4 through 7 and insert the 
     following:
       ``(10) In a case in which an employee uses accrued 
     compensatory time off under this subsection, the accrued 
     compensatory time off used shall be considered as hours 
     worked during the applicable workweek or other work period 
     for the purposes of overtime compensation and calculation of 
     entitlement to employment benefits.
       ``(11)(A) The term `compensatory time off' means the hours 
     during which an employee is not working and for which the 
     employee is compensated in accordance with this subsection in 
     lieu of monetary overtime compensation.
       ``(B) The term `monetary overtime compensation' means the 
     compensation required by subsection (a).''.
                                                                    ____


                           Amendment No. 270

       On page 10, strike line 4, and insert the following:
       ``(10) The entire liquidated value of an employee's 
     accumulated compensatory time, calculated as provided for in 
     this subsection, shall, for purposes of proceedings in 
     bankruptcy under title 11, United States Code, be treated as 
     unpaid wages earned by the individual as of--
       ``(A) the date the employer was or becomes legally or 
     contractually obligated to provide monetary compensation to 
     the employee for the compensatory time; or
       ``(B) if the employer was not legally or contractually 
     obligated to provide such monetary compensation prior to 
     ceasing to do business, the date of ceasing to do business.
       ``(11) The terms `monetary overtime compensation' ''.
                                                                    ____


                           Amendment No. 271

       Beginning on page 10, strike line 17 and all that follows 
     through page 26, line 18.
                                                                    ____


                           Amendment No. 272

       Beginning on page 26, strike line 19 and all that follows 
     through page 28, line 16.
                                                                    ____


                           Amendment No. 273

       Beginning on page 3, strike lines 15 through 23 and insert 
     the following:
       ``(B) In this subsection:
       ``(i) The term `employee' does not include--
       ``(I) an employee of a public agency;
       ``(II) an employee who is a part-time employee;
       ``(III) an employee who is a temporary employee; and
       ``(IV) an employee who is a seasonal employee.
       ``(ii) The term `employer' does not include--
       ``(I) a public agency; and
       ``(II) an employer in the garment industry.
       ``(iii) The term `employer in the garment industry' means 
     an employer who is involved in the manufacture of apparel.
       ``(iv) The term `part-time employee' means an employee 
     whose regular workweek for the employer involved is less than 
     35 hours per week.
       ``(v) The term `seasonal employee' means an employee in--
       ``(I) the construction industry;
       ``(II) agricultural employment (as defined by section 3(3) 
     of the Migrant and Seasonal Agricultural Worker Protection 
     Act (29 U.S.C. 1802(3))); or
       ``(III) any other industry that the Secretary by regulation 
     determines is a seasonal industry.
       ``(vi) The term `temporary employee' means an employee who 
     is employed by an employer for a season or other term of less 
     than 12 months, or is otherwise treated by the employer as 
     not a permanent employee of the employer.''
                                                                    ____


                           Amendment No. 274

       Beginning on page 10, strike line 17 and all that follows 
     through page 26, line 18.
                                 ______
                                 

                      DODD AMENDMENTS NOS. 275-276

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

                           Amendment No. 275

       On page 5, line 12, strike ``240'' and insert ``80''.
                                                                    ____


                           Amendment No. 276

       Beginning on page 10, strike line 17 and all that follows 
     through page 26, line 18.
                                 ______
                                 

                       KENNEDY AMENDMENT NO. 277

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

       On page 7, strike line 13 and insert the following:
       ``(B) It shall be an unlawful act of discrimination, within 
     the meaning of section 15(a)(3), for an employer--
       ``(i) to discharge or in any other manner penalize, 
     discriminate against, or interfere with, any employee 
     because--
       ``(I) the employee may refuse or has refused to request or 
     accept compensatory time off in lieu of monetary overtime 
     compensation;
       ``(II) the employee may request to use or has used 
     compensatory time off in lieu of monetary overtime 
     compensation; or
       ``(III) the employee has requested the use of compensatory 
     time off at a specific time of the employee's choice;
       ``(ii) to request, directly or indirectly, that an employee 
     accept compensatory time off in lieu of monetary overtime 
     compensation;
       ``(iii) to require an employee to request compensatory time 
     off in lieu of monetary overtime compensation as a condition 
     of employment or as a condition of employment rights or 
     benefits;
       ``(iv) to qualify the availability of work for which 
     monetary overtime compensation is required upon the request 
     of an employee for, or acceptance of, compensatory time off 
     in lieu of monetary overtime compensation; or
       ``(v) to deny an employee the right to use, or coerce an 
     employee to use, earned compensatory time off in violation of 
     this subsection.
       ``(C) An agreement or understanding that is entered''.
                                 ______
                                 

                       SPECTER AMENDMENT NO. 278

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

       On page 7, after line 12, insert
       ``(iii) Unlawful discrimination.--It shall be an unlawful 
     act of discrimination, within the meaning of section 
     15(a)(3), for an employer to request, directly or indirectly, 
     that an employee accept compensatory time off in lieu of 
     monetary overtime compensation, or to qualify the 
     availability of work for which overtime compensation is 
     required upon employee's request for or acceptance of 
     compensatory time off in lieu of monetary overtime 
     compensation.''.

                          ____________________