[104th Congress Public Law 26]
[From the U.S. Government Printing Office]

[DOCID: f:publ26.104]

Public Law 104-26
104th Congress

                                 An Act

 To amend the Fair Labor Standards Act of 1938 to exempt employees who 
   perform certain court reporting duties from the compensatory time 
   requirements applicable to certain public agencies, and for other 
            purposes. <<NOTE: Sept. 6, 1995 -  [H.R. 1225]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America <<NOTE: Court Reporter Fair Labor Amendments of 
1995.>>  in Congress assembled,

SECTION 1. <<NOTE: 29 USC 201 note.>>  SHORT TITLE.

    This Act may be cited as the ``Court Reporter Fair Labor Amendments 
of 1995''.


    Section 7(o) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
207(o)) is amended--
            (1) by redesignating paragraph (6) as paragraph (7); and
            (2) by inserting after paragraph (5) the following new 

    ``(6) The hours an employee of a public agency performs court 
reporting transcript preparation duties shall not be considered as hours 
worked for the purposes of subsection (a) if--
            ``(A) such employee is paid at a per-page rate which is not 
        less than--
                    ``(i) the maximum rate established by State law or 
                local ordinance for the jurisdiction of such public 
                    ``(ii) the maximum rate otherwise established by a 
                judicial or administrative officer and in effect on July 
                1, 1995, or
                    ``(iii) the rate freely negotiated between the 
                employee and the party requesting the transcript, other 
                than the judge who presided over the proceedings being 
                transcribed, and
            ``(B) the hours spent performing such duties are outside of 
        the hours such employee performs other work (including hours for 
        which the agency requires the employee's attendance) pursuant to 
        the employment relationship with such public agency.

For purposes of this section, the amount paid such employee in 
accordance with subparagraph (A) for the performance of court reporting 
transcript preparation duties, shall not be considered in the 
calculation of the regular rate at which such employee is employed.''.

SEC. 3. <<NOTE: 29 USC 207 note.>>  EFFECTIVE DATE.

    The amendments made by section 2 shall apply after the date of the 
enactment of this Act and with respect to actions brought in a court 
after the date of the enactment of this Act.

    Approved September 6, 1995.


HOUSE REPORTS: No. 104-219 (Comm. on Economic and Educational 
            Aug. 1, considered and passed House.
            Aug. 5, considered and passed Senate.