[Congressional Record Volume 143, Number 75 (Wednesday, June 4, 1997)]
[Senate]
[Pages S5278-S5279]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

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                   THE FAMILY FRIENDLY WORKPLACE ACT

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                       KENNEDY AMENDMENT NO. 368

  (Ordered to lie on the table.)
  Mr. KENNEDY submitted an amendment intended to be proposed by him to 
amendment No. 256 proposed by Mr. Grassley 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:
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       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 off the compensatory time of 
     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.
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                       KENNEDY AMENDMENT NO. 369

  (Ordered to lie on the table.)
  Mr. KENNEDY submitted an amendment intended to be proposed by him to 
amendment No. 265 proposed by Mr. Gorton 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''.
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                       SPECTER AMENDMENT NO. 370

  (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:

       Beginning on page 6, strike line 20 and all that follows 
     through page 8, line 23 and insert the following:
       ``(6)(A) An employer that provides compensatory time off 
     under paragraph (2) to an employee shall not--
       ``(i) directly or indirectly intimidate, threaten, or 
     coerce, or attempt to intimidate, threaten, or coerce, any 
     employee for the purpose of--
       ``(I) interfering with the rights of the employee under 
     this subsection to request or not request compensatory time 
     off in lieu of payment of monetary overtime compensation for 
     overtime hours;
       ``(II) interfering with the rights of the employee to use 
     accrued compensatory time off in accordance with paragraph 
     (9); or
       ``(III) requiring the employee to use the compensatory time 
     off; or
       ``(ii)(I) request, directly or indirectly, that an employee 
     accept compensatory time off in lieu of payment of monetary 
     overtime compensation; or
       ``(II) discriminate by qualifying the availability of work 
     for which overtime compensation is required on the request of 
     an employee for, or the acceptance by an employee of, 
     compensatory time off in lieu of payment of monetary overtime 
     compensation.
       ``(B) An agreement or understanding that is entered into by 
     an employee and employer under paragraph (3)(A)(ii) shall 
     permit the employee to elect, for an applicable workweek--

[[Page S5279]]

       ``(i) the payment of monetary overtime compensation for the 
     workweek; or
       ``(ii) the accrual of compensatory time off in lieu of the 
     payment of monetary overtime compensation for the workweek.
       ``(C) In this paragraph, the term `intimidate, threaten, or 
     coerce' has the meaning given the term in section 
     13A(d)(2).''.
       (2) Remedies and sanctions.--
       (A) In general.--Section 16 of the Fair Labor Standards Act 
     of 1938 (29 U.S.C. 216) is amended by adding at the end the 
     following:
       ``(f)(1) If an employee demonstrates that an employer has 
     engaged in an employment practice that violates either or 
     both of clauses (i) and (ii) of section 7(r)(6)(A), and that 
     the employee has been harmed by the practice, the employer 
     shall be liable to the employee in an amount equal to--
       ``(A) such legal or equitable relief as may be appropriate 
     to effectuate the purposes of section 7(r)(6)(A), including 
     employment, reinstatement, promotion, and the payment of 
     wages lost; and
       ``(B) 3 times the legal or equitable monetary relief 
     provided in accordance with subparagraph (A), as liquidated 
     damages.
       ``(2) The employer shall be subject to such liability in 
     addition to any other remedy available for such violation 
     under this section (other than the first sentence of 
     subsection (b)) or section 17, including a criminal penalty 
     under subsection (a) and a civil penalty under subsection 
     (e).''.
       (B) Conforming amendments.--Section 16 of such Act is 
     amended--
       (i) in subsection (a)--

       (I) by striking ``(a) Any'' and inserting ``(a)(1) Except 
     as provided in paragraph (2), any'';
       (II) in paragraph (1) (as designated in subclause (I)), by 
     striking ``subsection'' the first place it appears and 
     inserting ``paragraph''; and
       (III) by adding at the end the following:

       ``(2) Any person who willfully engages in an employment 
     practice that violates either or both of clauses (i) and (ii) 
     of section 7(r)(6)(A) shall on conviction be subject to a 
     fine of not more than $25,000, or to imprisonment for not 
     more than 5 years, or both. No person shall be imprisoned 
     under this paragraph except for an offense committed after 
     the conviction of such person for a prior offense under this 
     subsection.'';
       (ii) in subsection (b)--

       (I) in the first sentence, by inserting ``(other than 
     section 7(r)(6)(A))'' after ``of this Act'';
       (II) in the third sentence, by striking ``preceding 
     sentences'' and inserting ``preceding sentences, or in 
     subsection (f) or (g),''; and
       (III) in the last sentence, by inserting before the period 
     the following: ``or section 7(r)(6)(A)''; and

       (iii) in subsection (c)--

       (I) in the first sentence--

       (aa) by inserting after ``7 of this Act'' the following: 
     ``, or of the appropriate legal or monetary equitable relief 
     owing to any employee or employees under section 7(r)(6)(A) 
     or section 13A''; and
       (bb) by striking ``wages or unpaid overtime compensation 
     and an additional equal amount as'' and inserting ``wages, 
     unpaid overtime compensation, or legal or monetary equitable 
     relief, as appropriate, and the appropriate amount (as 
     determined under subsection (b), (f), or (g)) of'';

       (II) in the second sentence, by striking ``wages or 
     overtime compensation and an equal amount as'' and inserting 
     ``wages, unpaid overtime compensation, or legal or monetary 
     equitable relief, as appropriate, and the appropriate amount 
     of''; and
       (III) in the third sentence--

       (aa) by striking ``first sentence of such subsection'' and 
     inserting ``third sentence of such subsection''; and
       (bb) by striking ``wages or unpaid overtime compensation 
     under sections 6 and 7 or'' and inserting ``wages, unpaid 
     overtime compensation, or legal or monetary equitable relief, 
     as appropriate, or''.
       (C) Rule.--Notwithstanding subsection (b)(3), the 
     amendments made by subsection (b)(3) to section 16(c) of the 
     Fair Labor Standards Act of 1938 (29 U.S.C. 216(c)) shall not 
     take effect.

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